The Deep State Problem

Will the Supreme Court protect the president’s ability to take care that the laws be faithfully executed?

Boston Public Library via Wikimedia Commons CC2.0
'Foiled again': The Editor of the Sun, Charles Dana, 'angry that an efficient and honest citizen has been appointed' by President Cleveland 'to a civil service position,' in a detail of an illustration from Puck in 1885. Boston Public Library via Wikimedia Commons CC2.0

Is the Supreme Court on board with President Trump’s expansive view of executive power? A smoke signal could appear as soon as today in the case of Bessent v. Dellinger, which centers on the president’s ability to fire federal employees. The case could be decisive to Elon Musk and Mr. Trump’s push to scale back the federal bureaucracy. The dispute is whether laws shielding federal employees from termination without cause are constitutional.

The Sun has long doubted the merit of such laws, which thwart the president’s sole authority over the executive branch. As far back as 1883, when President Arthur signed into law the Pendleton Act, these columns were dubious. “The Pendleton Sham” is how the Sun in an editorial described the “so-called reform.” That was partly because the Civil Service Commission created at the time infringed on the president’s power of appointment, the Sun caviled. 

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