Neil Gorsuch Questions President's Duty to Execute All Laws in Trump v. Slaughter

Gorsuch's Inquiry into Executive Power

• ❓ Justice Gorsuch probes the respondent attorney, Amit Agarwal, on the scope of the President's executive power and duty to execute laws.
• 🤝 Agarwal affirms the President is vested with all executive power and has a duty to faithfully execute all laws, both civil and criminal.

The "No" to Executing All Laws

• ⚖️ When pressed if the President has a duty to faithfully execute all laws, Agarwal answers "no," clarifying this doesn't mean the President can break the law.
• 🧐 The distinction is drawn between having a duty to execute laws and possessing statutory authority for direct enforcement or bringing indictments.
• 🏛️ Agarwal argues the President does not have to have plenary power of supervision, citing history and tradition.

Supervision and Removal Authority

• 🔑 In the case of the FTC, Agarwal states the President does have some power of supervision, including the ability to fire a commissioner for a demonstrable violation of law.
• 🎯 However, this direct supervision and removal authority is not required for individuals with conclusive and exclusive authority to bring criminal prosecutions, according to their understanding of Trump v. United States.

Constitutional Theory and Precedent

• 📜 Gorsuch questions the attorney's theory, suggesting it might be an attempt to backfill the reasoning of Humphrey's Executor and address the concept of a "fourth branch" of government.
• 💡 Agarwal counters that their theory is rooted in precedent dating back to Marbury v. Madison, distinguishing between powers vested in the President and executive power in the constitutional sense.
• 📈 The discussion touches on the potential for continued litigation over the separation of powers and the line-drawing required by such theories.

Independent Agencies and Litigation

• 🚫 Agarwal asserts that the existence of traditional independent agencies has not generated significant or insurmountable problems, citing a lack of precedent striking them down.
• 🗣️ He suggests that while litigation over the separation of powers is inevitable, the creation of traditional independent agencies has not led to overwhelming difficulties.