The Supreme Court Is Getting Presidential Power All Wrong

The nation’s highest court is distorting the Framers’ intent on the power of the presidency.

Share this story

Left: A view of the Supreme Court building in Washington, D.C. Right: President Donald Trump speaks in the Oval Office in Washington, D.C., April 7, 2025.

Elizabeth Frantz, Kevin Mohatt/Reuters

The Supreme Court heard arguments last month in a case called Trump v. Slaughter. Most of America didn’t tune in, but lawyers and constitutional specialists closely followed the case. They knew its outcome could change the relationship between the U.S. government and the American people and could set an incorrect — and dangerous — precedent for how the Court understands the power of the presidency.

At issue in Trump v. Slaughter is whether the president would be able to gain control of the independent regulatory agencies — agencies like the Federal Trade Commission, the Securities and Exchange Commission, the Federal Reserve, and dozens of others. This might not seem important to many who have had little contact with these agencies, but as usual with legal issues, the principles established by the Supreme Court have far-reaching consequences for all of us.

PW

About the Author

Peter J. Wallison

Peter J. Wallison is a senior fellow emeritus at the American Enterprise Institute. He was White House Counsel and General Counsel of the Treasury in the Reagan administration.

Comments

Advertisement

Advertisement