Tuesday, June 30, 2026

Independent U.S. Regulatory Agencies: Undermining the Chief Executive

On June 29, 2026, the U.S. Supreme Court ruled that the federal president has the authority to terminate the employment of heads of independent federal agencies at will, rather than only for cause. The latter requirement (i.e., due cause) would still hold for the Federal Reserve, which raises the question of whether a central bank should be distinguished from regulatory agencies. The value in buffering monetary policy from political pressure is why the Federal Reserve is not part of the executive, legislative, or judicial branches of the U.S. government, but is instead an independent central bank within that government. As a consequence, monetary policy does not require approval from either the U.S. president or the Congress. Hence, the “for cause” requirement for removing someone from the Fed’s board of governors cannot be disagreement with the person’s preferences or decisions regarding monetary policy. As for independent regulatory agencies in the executive branch, their independence undermines the unitary executive as well as the president’s role in implementing existing law.


The full essay is at "Independent U.S. Regulatory Agencies."