"Independent" just meaning "not part of a cabinet secretariat" is not at issue. When the claim is that the governance structure and the pseudo judicial hearings by which they actually exercise authority are unconstitutional it's fair to qualify the argument as "the agency is unconstitutional".
No one would have an issue if the board and officers were fireable by the president at will, like they are at say the CIA or EPA, and if they had to actually go to court to allege violations of the law.
No one would have an issue if the board and officers were fireable by the president at will, like they are at say the CIA or EPA, and if they had to actually go to court to allege violations of the law.