Columbia News

U.S. Senator Eric Schmitt (R-MO), who serves as Chairman of the Senate Judiciary Subcommittee on the Constitution, has submitted an amicus brief to the Supreme Court. In the brief, Schmitt calls for the Court to overturn the 1935 decision in Humphrey’s Executor, which limits the President’s authority to remove certain executive officials.

Schmitt argues that the President should have full authority over the executive branch, including the power to remove officials who act on his behalf. He stated, “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,” said Senator Schmitt.

The amicus brief urges a return to what Schmitt describes as the Constitution's original framework for presidential control over executive functions.