I said independent executive-branch agency. The very first sentence of Article II says: "The executive Power shall be vested in a President of the United States of America." Congress can't create an agency that exercises "the executive Power" that's independent of the President. In the same way that Congress can't create an unelected mini-Congress that enacts laws binding on citizens, and can't create courts outside the judiciary branch that can convict people for federal crimes.
These entities all differ in whether they're exercising "executive power" or not. Amtrak doesn't meaningfully exercise executive power. Congress can provide for Amtrak to be independent of the President's control. Or to use another example, Congress could probably create a bank that provides student loans that's independent of Presidential control.
But the SEC is a quintessential executive-branch agency. It enacts rules that interpret the securities laws and can prosecute people for violations of securities laws.
> In a narrower sense, the term refers only to those independent agencies that, while considered part of the executive branch, have regulatory or rulemaking authority and are insulated from presidential control, usually because the president's power to dismiss the agency head or a member is limited.
Congress must confirm candidate appointees to independent agencies, otherwise they are not independent of the Executive.
Can the President terminate Congressionally-approved nominations without regard for their service? They can.
I said independent executive-branch agency. The very first sentence of Article II says: "The executive Power shall be vested in a President of the United States of America." Congress can't create an agency that exercises "the executive Power" that's independent of the President. In the same way that Congress can't create an unelected mini-Congress that enacts laws binding on citizens, and can't create courts outside the judiciary branch that can convict people for federal crimes.
> [ Amtrak, CIA, FCC, FDIC, FEC, Federal Reserve, FERC, FTC, CFTC, SSA, TVA, NASA, NARA, OPM, ]
These entities all differ in whether they're exercising "executive power" or not. Amtrak doesn't meaningfully exercise executive power. Congress can provide for Amtrak to be independent of the President's control. Or to use another example, Congress could probably create a bank that provides student loans that's independent of Presidential control.
But the SEC is a quintessential executive-branch agency. It enacts rules that interpret the securities laws and can prosecute people for violations of securities laws.