Could a Case From 1886 Block Trump From Defeating the Deep State?

A federal court is about to weigh how much power the president has to fire as well as hire the staff he needs to take care that the laws are faithfully executed.

Via Wikimedia Commons
The Supreme Court in 1886, when the Nine ruled that Congress could shield some federal employees from being fired. Via Wikimedia Commons

Could a Supreme Court case from 1886 thwart President Trump’s push to purge the bureaucracy? That’s a question after the Nine punted for now on Mr. Trump’s appeal in the case of a fired federale, Hampton Dellinger. A district judge will hear his case tomorrow. As the head of an agency, Mr. Dellinger could find his job in jeopardy. Yet countless other rank-and-file staffers could be shielded by a 19th-century precedent: United States v. Perkins.  

Our own view is that the Constitution, rightly construed, gives the president the power to hire and fire any executive branch employee. That view reflects the Framers’ understanding that it is in solely the president that the executive power is vested. The president needs “the authority to remove those who assist him in carrying out his duties,” as Chief Justice Roberts has put it. Yet the high court has drawn a constitutional line between principal and inferior officers.

Enter your email to read this article.

Get 2 free articles when you subscribe.

or
Have an account? This is also a sign-in form.
By continuing you agree to our Privacy Policy and Terms of Service.
Advertisement
The New York Sun

© 2025 The New York Sun Company, LLC. All rights reserved.

Use of this site constitutes acceptance of our Terms of Use and Privacy Policy. The material on this site is protected by copyright law and may not be reproduced, distributed, transmitted, cached or otherwise used.

The New York Sun

Sign in or  Create a free account

or
By continuing you agree to our Privacy Policy and Terms of Use