{"id":155848,"date":"2026-07-06T10:37:39","date_gmt":"2026-07-06T18:37:39","guid":{"rendered":"https:\/\/xira.com\/p\/2026\/07\/06\/how-to-slaughter-slaughter\/"},"modified":"2026-07-06T10:37:39","modified_gmt":"2026-07-06T18:37:39","slug":"how-to-slaughter-slaughter","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2026\/07\/06\/how-to-slaughter-slaughter\/","title":{"rendered":"How To Slaughter Slaughter"},"content":{"rendered":"
\"\"
(Photo by Samuel Corum\/Sipa\/Bloomberg via Getty Images)<\/figcaption><\/figure>\n

I understand:\u00a0The Supreme Court has decided\u00a0Trump v. Slaughter<\/em>, and independent agencies are no longer as independent as they were last week.\u00a0President Trump is now empowered to fire at will employees of formerly independent agencies.\u00a0Trump can remake the government in his own image.\u00a0Patronage and incompetence!\u00a0That\u2019s not a pretty picture.<\/p>\n

Got it.<\/p>\n

But stop fixating on the past.\u00a0Turn your gaze to the future.<\/p>\n

It\u2019s indisputable that Congress has the power of the purse.\u00a0Article I, Section 9, Clause 7 of the Constitution provides that\u00a0\u201cNo Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law. \u2026\u2019<\/p>\n

If Congress controls the money, then Congress still has power to control independent agencies.<\/p>\n

I present today only an inchoate thought.\u00a0I\u2019ll let others \u2014 aggressive political insiders \u2014 think more seriously about it.\u00a0But here\u2019s the acorn that others can nurture into a fully grown tree:\u00a0Congress should pass laws that use the power of the purse to mold independent agencies and thus restrict the president\u2019s actions.<\/p>\n

Congress could create an independent agency, for example, and write into the law that, \u201cIf the President fires more than six people from the agency, all funding for the agency will cease immediately.\u201d<\/p>\n

I admit that my proposed law has a few problems.\u00a0As just one example, my law permits the president to eliminate an agency entirely simply by firing a few employees.\u00a0But the president already has the power to eliminate agencies that he doesn\u2019t like.\u00a0Just last year, the president, aided by a soon-to-be trillionaire, chose to feed the U.S. Agency for International Development (USAID) into the woodchipper.\u00a0What\u2019s the difference between an agency losing funding and an agency losing all of its employees?\u00a0The agency\u2019s out of business either way.<\/p>\n

Nevertheless, if you\u2019re unhappy with my proposed law, maybe we could fine-tune it a little bit.\u00a0How about:\u00a0\u201cIf the President attempts to fire any person from the agency without good cause, then all funding for the agency will cease immediately.\u201d\u00a0That protects agency employees from being fired at the president\u2019s whim.\u00a0It imposes the \u201cgood cause\u201d standard for firing that everyone\u2019s now saying is imperative.\u00a0The remedy might be a little harsh \u2014 ending all funding if the president tries to fire a single person without good cause \u2014 but you get my drift.<\/p>\n

Further fine-tuning could hammer my broadsword into a rapier:\u00a0\u201cFor each person that the President attempts to fire from the agency without good cause, 10% of the agency\u2019s funding will cease immediately.\u201d\u00a0That\u2019s a little more moderate.<\/p>\n

Or Congress could choose to aim the power of the purse at the president, rather than the agency:\u00a0\u201cIf the President attempts to fire any person from the agency without good cause, then the travel budget of the President will cease immediately.\u201d\u00a0That should get the executive\u2019s attention (and keep him from flying to Mar-a-Lago every weekend on the public\u2019s dime).<\/p>\n

I\u2019m sure there would be legal \u2014 perhaps constitutional \u2014 challenges to laws of this sort.<\/p>\n

But Congress shouldn\u2019t lightly give up a power that it\u2019s had for nearly 100 years.\u00a0If Congress cares about its authority, then Congress should stand up for itself.<\/p>\n

If Congress is afraid of the president having too many opportunities for patronage, then basically outlaw them.<\/p>\n

If the current Congress is too timid to enact these sorts of laws, then future Congresses, more willing to stand up for the rights of the legislature, could pass them.<\/p>\n

But now\u2019s not the time simply to bemoan our fate.<\/p>\n

If Congress and the public are unhappy with the result in\u00a0Slaughter<\/em>, slaughter it.<\/p>\n

\n

Mark\u00a0Herrmann\u00a0spent 17 years as a partner at a leading international law firm and later oversaw litigation, compliance and employment matters at a large international company. He is the author of\u00a0<\/em><\/strong>The Curmudgeon\u2019s Guide to Practicing Law<\/em><\/strong><\/a>\u00a0and\u00a0<\/em><\/strong>Drug and Device Product Liability Litigation Strategy<\/em><\/strong><\/a>\u00a0(affiliate links). You can reach him by email at\u00a0<\/em><\/strong>inhouse@abovethelaw.com<\/em><\/strong><\/a>.<\/em><\/strong><\/p>\n

The post How To Slaughter Slaughter<\/a> appeared first on Above the Law<\/a>.<\/p>\n

\"\"
(Photo by Samuel Corum\/Sipa\/Bloomberg via Getty Images)<\/figcaption><\/figure>\n

I understand:\u00a0The Supreme Court has decided\u00a0Trump v. Slaughter<\/em>, and independent agencies are no longer as independent as they were last week.\u00a0President Trump is now empowered to fire at will employees of formerly independent agencies.\u00a0Trump can remake the government in his own image.\u00a0Patronage and incompetence!\u00a0That\u2019s not a pretty picture.<\/p>\n

Got it.<\/p>\n

But stop fixating on the past.\u00a0Turn your gaze to the future.<\/p>\n

It\u2019s indisputable that Congress has the power of the purse.\u00a0Article I, Section 9, Clause 7 of the Constitution provides that\u00a0\u201cNo Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law. \u2026\u2019<\/p>\n

If Congress controls the money, then Congress still has power to control independent agencies.<\/p>\n

I present today only an inchoate thought.\u00a0I\u2019ll let others \u2014 aggressive political insiders \u2014 think more seriously about it.\u00a0But here\u2019s the acorn that others can nurture into a fully grown tree:\u00a0Congress should pass laws that use the power of the purse to mold independent agencies and thus restrict the president\u2019s actions.<\/p>\n

Congress could create an independent agency, for example, and write into the law that, \u201cIf the President fires more than six people from the agency, all funding for the agency will cease immediately.\u201d<\/p>\n

I admit that my proposed law has a few problems.\u00a0As just one example, my law permits the president to eliminate an agency entirely simply by firing a few employees.\u00a0But the president already has the power to eliminate agencies that he doesn\u2019t like.\u00a0Just last year, the president, aided by a soon-to-be trillionaire, chose to feed the U.S. Agency for International Development (USAID) into the woodchipper.\u00a0What\u2019s the difference between an agency losing funding and an agency losing all of its employees?\u00a0The agency\u2019s out of business either way.<\/p>\n

Nevertheless, if you\u2019re unhappy with my proposed law, maybe we could fine-tune it a little bit.\u00a0How about:\u00a0\u201cIf the President attempts to fire any person from the agency without good cause, then all funding for the agency will cease immediately.\u201d\u00a0That protects agency employees from being fired at the president\u2019s whim.\u00a0It imposes the \u201cgood cause\u201d standard for firing that everyone\u2019s now saying is imperative.\u00a0The remedy might be a little harsh \u2014 ending all funding if the president tries to fire a single person without good cause \u2014 but you get my drift.<\/p>\n

Further fine-tuning could hammer my broadsword into a rapier:\u00a0\u201cFor each person that the President attempts to fire from the agency without good cause, 10% of the agency\u2019s funding will cease immediately.\u201d\u00a0That\u2019s a little more moderate.<\/p>\n

Or Congress could choose to aim the power of the purse at the president, rather than the agency:\u00a0\u201cIf the President attempts to fire any person from the agency without good cause, then the travel budget of the President will cease immediately.\u201d\u00a0That should get the executive\u2019s attention (and keep him from flying to Mar-a-Lago every weekend on the public\u2019s dime).<\/p>\n

I\u2019m sure there would be legal \u2014 perhaps constitutional \u2014 challenges to laws of this sort.<\/p>\n

But Congress shouldn\u2019t lightly give up a power that it\u2019s had for nearly 100 years.\u00a0If Congress cares about its authority, then Congress should stand up for itself.<\/p>\n

If Congress is afraid of the president having too many opportunities for patronage, then basically outlaw them.<\/p>\n

If the current Congress is too timid to enact these sorts of laws, then future Congresses, more willing to stand up for the rights of the legislature, could pass them.<\/p>\n

But now\u2019s not the time simply to bemoan our fate.<\/p>\n

If Congress and the public are unhappy with the result in\u00a0Slaughter<\/em>, slaughter it.<\/p>\n

\n

Mark\u00a0Herrmann\u00a0spent 17 years as a partner at a leading international law firm and later oversaw litigation, compliance and employment matters at a large international company. He is the author of\u00a0<\/em><\/strong>The Curmudgeon\u2019s Guide to Practicing Law<\/em><\/strong><\/a>\u00a0and\u00a0<\/em><\/strong>Drug and Device Product Liability Litigation Strategy<\/em><\/strong><\/a>\u00a0(affiliate links). You can reach him by email at\u00a0<\/em><\/strong>[email\u00a0protected]<\/em><\/strong><\/a>.<\/em><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

(Photo by Samuel Corum\/Sipa\/Bloomberg via Getty Images) I understand:\u00a0The Supreme Court has decided\u00a0Trump v. Slaughter, and independent agencies are no longer as independent as they were last week.\u00a0President Trump is now empowered to fire at will employees of formerly independent agencies.\u00a0Trump can remake the government in his own image.\u00a0Patronage and incompetence!\u00a0That\u2019s not a pretty picture. […]<\/p>\n","protected":false},"author":3,"featured_media":155828,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[16],"tags":[],"class_list":["post-155848","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-above_the_law"],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/xira.com\/p\/wp-content\/uploads\/2026\/07\/GettyImages-2215972994-akDbbE.jpg?fit=594%2C422&ssl=1","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/155848","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/comments?post=155848"}],"version-history":[{"count":0,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/155848\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media\/155828"}],"wp:attachment":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media?parent=155848"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/categories?post=155848"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/tags?post=155848"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}