Show-Me State Times

U.S. Senator Eric Schmitt (R-MO), who chairs the Senate Judiciary Subcommittee on the Constitution, has submitted an amicus brief to the Supreme Court. The brief calls for the Court to overturn the decision in Humphrey’s Executor, a case that has shaped the limits of presidential authority over independent federal agencies for nearly ninety years.

Schmitt argues that the President should have clear constitutional authority to remove executive officials. In his statement, Schmitt said, “The President is the head of the executive branch and is vested by the Constitution with all the executive power in our government. Therefore, he must have the authority to remove executive officials who wield power in his name. However, for nearly ninety years, Humphrey’s Executor has constrained the President’s constitutional authority over independent federal agencies, handing that power to unelected, unaccountable bureaucrats. This effectively created a fourth branch of government, insulated from oversight and accountability. It’s time to restore the Constitution’s original design, where the President, not faceless bureaucrats, controls the executive branch. It’s time to overturn Humphrey’s Executor.”

The full text of Schmitt's amicus brief is available online.