Former Harvard Law School professor Alan Dershowitz told Newsmax that independent federal agencies and those who work for them are not protected by the Constitution.
He told "The Record With Greta Van Susteren" on Monday that the case involving Federal Trade Commission member Rebecca Slaughter, who was fired by President Donald Trump, will prove his point following oral arguments before the Supreme Court.
"The framers of the Constitution," said Dershowitz, "never had in mind having a fourth branch of government, the so-called alphabet agencies."
He said the first federal agencies were developed during the administration of President Franklin Delano Roosevelt (FDR).
"And I have to tell you, if this were FDR who was firing the head of an agency, the liberals would be on his side, and the conservatives perhaps would be on the other side. This is very, very political," said Dershowitz.
Lawyers for the administration are defending Trump's decision to remove Slaughter without cause and are urging the court to discard the 1935 Humphrey's Executor ruling.
The court's six conservative justices have already shown support for the administration's position by allowing Slaughter and other agency board members to be removed while their challenges move forward, a move opposed by the three liberal justices.
Dershowitz said he believes the foundation for the decision is clear.
"The president has the authority to fire any cabinet member.
"But during the New Deal, statutes were passed giving these independent agencies a sort of tenure that they couldn't be fired except for good cause.
"And now we have really the first frontal constitutional challenge to that very concept," he continued.
He offered the prediction that "I suspect that the Trump administration will win this one, although Justice [Brett] Kavanaugh did express some concerns about at least one agency, the Fed, because the Fed regulates our money, our debt, and all of that.
"And you know, it should be independent. So we're seeing a distinction between the literal words and intent of the framers of the Constitution and the realities of modern society where you need some independent agencies," he said.
Even though the questions surrounding the Federal Reserve may linger, Dershowitz said it should be a win for Trump.
"If I'm in the business of predicting, based on what I heard from today's argument, I would predict that the Trump administration will win this case," Dershowitz said.
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Jim Mishler ✉
Jim Mishler, a seasoned reporter, anchor and news director, has decades of experience covering crime, politics and environmental issues.
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