Since he took office, President Trump has unilaterally attempted to restructure, downsize, and dismantle dozens of statutorily mandated agencies. As part of this effort, the Trump Administration fired approximately 2,000 probationary employees at the Department of Homeland Security and the Department of Interior, including both newer employees and employees with decades of experience who were considered “probationary” due to recent promotions. This fundamental reorganization of the federal government was all undertaken without congressional authorization.

These employees appealed their terminations to the Merits Systems Protection Board (MSPB), a quasi-judicial body that adjudicates challenges to certain employment actions in the federal workforce. Among other things, they asserted that their terminations did not comply with mandatory Reduction-in-Force procedures, and that their terminations were part and parcel of an unconstitutional attempt to usurp Congress’s authority over the structure of the federal government. The MSPB dismissed the appeals, and the employees petitioned for review from the Federal Circuit.

In July 2026, CAC filed an amicus brief in the Federal Circuit in support of the employees. Our brief makes two principal points.

First, Congress has the sole authority to create, restructure, and abolish federal departments and agencies. The Constitution provides that “[a]ll legislative Powers,” including power over the existence of executive offices, “shall be vested in a Congress of the United States.” It also grants Congress the exclusive power to “carr[y] into Execution” not only the “foregoing Powers” but also “all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” The Supreme Court has held that these provisions authorize Congress to pass laws creating executive departments, agencies, and offices. Congress also has the power to restructure or abolish agencies as it finds necessary, and it has exercised this power since its earliest days.

Second, historical practice demonstrates that when Congress wants to give the President authority to reorganize the executive branch, it does so through legislation. From 1932 to 1984, Congress gave the President reorganization authority by passing and renewing a series of laws known as the Reorganization Acts. The history of these laws demonstrates that when Congress believes that delegating its reorganization power to the President will promote efficiency in government, it knows how to make such a delegation while, at the same time, limiting the scope of that delegation to protect against presidential overreach.