https://www.city-journal.org/article/supreme-court-trump-firings-executive-branch-power
Article II of the Constitution begins with a simple declarative sentence: “The executive power shall be vested in a president of the United States of America.” Those 15 words are at the heart of a key battle in the early days of the second Trump administration—and will likely be the basis for consolidating power in one individual over what has become the most important branch of government.
In his first month in office, President Trump has removed many officials, both high-ranking and middle-managerial, hoping to streamline government and wrest control of the permanent bureaucracy. Many of the dispatched employees have contested their removal in court. The dispute is partially about civil-service rules and, more consequentially, about the president’s ability to remove principal officers of so-called independent agencies, which themselves are a contradiction in constitutional terms.
These employees argue that their firings were unconstitutional because of a 90-year-old Supreme Court decision that protects heads of independent agencies (but not cabinet departments) from without-cause removal. That 1935 precedent, Humphrey’s Executor v. United States, held that agencies wielding “quasi-judicial and quasi-legislative” power can only get fired for incompetence or malfeasance, not mere presidential agenda-setting. In 1988, the justices extended Humphrey’s Executive to nearly all federal officials in Morrison v. Olson, over a fierce solo dissent by Justice Antonin Scalia, who argued that the presidential removal power was essential to checking government abuses and ensuring political accountability. Those decisions fueled the rise of the modern administrative state.