This Supreme Court case could reverse a century of bureaucratic overreach

Washington is watching and worrying about a U.S. Supreme Court case that could very well define the future of American self-government. And I don’t say that lightly. At the center of Trump v. Slaughter is a deceptively simple question: Can the president — the one official chosen by the entire nation — remove the administrators and “experts” who wield enormous, unaccountable power inside the executive branch?

This isn’t a technical fight. It’s not a paperwork dispute. It’s a turning point. Because if the answer is no, then the American people no longer control their own government. Elections become ceremonial. The bureaucracy becomes permanent. And the Constitution becomes a suggestion rather than the law of the land.

A government run by experts instead of elected leaders is not a republic. It’s a bureaucracy with a voting booth bolted onto the front to make us feel better.

That simply cannot be. Justice Neil Gorsuch summed it up perfectly during oral arguments on Monday: “There is no such thing in our constitutional order as a fourth branch of government that’s quasi-judicial and quasi-legislative.”

Yet for more than a century, the administrative state has grown like kudzu — quietly, relentlessly, and always in one direction. Today we have a fourth branch of government: unelected, unaccountable, insulated from consequence. Congress hands off lawmaking to agencies. Presidents arrive with agendas, but the bureaucrats remain, and they decide what actually gets done.

If the Supreme Court decides that presidents cannot fire the very people who execute federal power, they are not just rearranging an org chart. The justices are rewriting the structure of the republic. They are confirming what we’ve long feared: Here, the experts rule, not the voters.

A government run by experts instead of elected leaders is not a republic. It’s a bureaucracy with a voting booth bolted onto the front to make us feel better.

The founders warned us

The men who wrote the Constitution saw this temptation coming. Alexander Hamilton and James Madison in the Federalist Papers hammered home the same principle again and again: Power must remain traceable to the people. They understood human nature far too well. They knew that once administrators are protected from accountability, they will accumulate power endlessly. It is what humans do.

That’s why the Constitution vests the executive power in a single president — someone the entire nation elects and can unelect. They did not want a managerial council. They did not want a permanent priesthood of experts. They wanted responsibility and authority to live in one place so the people could reward or replace it.

So this case will answer a simple question: Do the people still govern this country, or does a protected class of bureaucrats now run the show?

Not-so-expert advice

Look around. The experts insisted they could manage the economy — and produced historic debt and inflation.

The experts insisted they could run public health — and left millions of Americans sick, injured, and dead while avoiding accountability.

The experts insisted they could steer foreign policy — and delivered endless conflict with no measurable benefit to our citizens.

And through it all, they stayed. Untouched, unelected, and utterly unapologetic.

If a president cannot fire these people, then you — the voter — have no ability to change the direction of your own government. You can vote for reform, but you will get the same insiders making the same decisions in the same agencies.

That is not self-government. That is inertia disguised as expertise.

A republic no more?

A monarchy can survive a permanent bureaucracy. A dictatorship can survive a permanent bureaucracy. A constitutional republic cannot. Not for long anyway.

We are supposed to live in a system where the people set the course, Congress writes the laws, and the president carries them out. When agencies write their own rules, judges shield them from oversight, and presidents are forbidden from removing them, we no longer live in that system. We live in something else — something the founders warned us about.

And the people become spectators of their own government.

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Photo by Jim WATSON / AFP via Getty Images

The path forward

Restoring the separation of powers does not mean rejecting expertise. It means returning expertise to its proper role: advisory, not sovereign.

No expert should hold power that voters cannot revoke. No agency should drift beyond the reach of the executive. No bureaucracy should be allowed to grow branches the Constitution never gave it.

The Supreme Court now faces a choice that will shape American life for a generation. It can reinforce the Constitution, or it can allow the administrative state to wander even farther from democratic control.

This case isn’t about President Trump. It isn’t about Rebecca Slaughter, the former Federal Trade Commission official suing to get her job back. It’s about whether elections still mean anything — whether the American people still hold the reins of their own government.

That is what is at stake: not procedure, not technicalities, but the survival of a system built on the revolutionary idea that the citizens — not the experts — are the ones who rule.