Cite as: 606 U. S.
(2025)
3
JACKSON, J., dissenting
previous century, Presidents have labored with Congress―ra- ther than round it-when in search of to considerably reorgan- ize the businesses that comprise the Govt Department.
Except for prior wartime-specific grants of reorganiza- tion authority, Congress first gave common reorganization authority to President Hoover within the Nineteen Thirties. S. Rep. No. 115–381, p. 4 (2018) (detailing historical past of interactions be- tween Congress and the President regarding reorganiza- tions). At the moment, Congress delegated particular authority to the President to switch businesses between departments, consolidate businesses, and alter the features of businesses. Ibid., and n. 18 (citing Legislative Appropriations Act for Fiscal 12 months 1933, §§401, 403, 47 Stat. 413).
Since then, Congress has thought of related requests for reorganization authority, and it has granted such authority (for restricted time durations) to eight extra Presidents, includ- ing Presidents Franklin D. Roosevelt, Eisenhower, Ken- nedy, Nixon, Carter, and Reagan. S. Rep. No. 115-381, at 4. Removed from absolutely ceding to Presidents unfettered discretion to reorganize the Govt Department, Congress has, actually, “amended, prolonged, narrowed, or reactivated [its] govern- ment reorganization authority 16 occasions below each Repub- lican and Democratic administrations.” Ibid.
The various reorganization acts that Congress has handed since 1932 differ within the diploma of discretion conferred. However all have given Congress a say earlier than the President has im- plemented any proposed plans to reorganize businesses’ buildings. Ibid. Pursuant to that course of, as of the final time Congress expressly granted this reorganization au- thority, “presidents [had] submitted 126 reorganization proposals to Congress, of which 93 have been applied and 33 have been affirmatively rejected by Congress.” Id., at 5.
To grasp the character of those reorganization acts, think about the final one Congress enacted. The Reorganiza- tion Act of 1984 allowed President Reagan to make signifi-
