On December 8th, the Catholic Church celebrates the Feast of the Immaculate Conception, which is a holyday of obligation. The day is a Big Deal.
Subordinate to that, but at the very top of the Supreme Court's current list of cases on the Constitution, we have a December 8th scheduling of the arguments on Humphrey's Executor. You know it is important because we have often posted about it:
ARTICLE TWO, SENTENCE ONE.
Get the hint? This is about the Unitary Executive.
...As the great Antonin Scalia would write over 50 years later about that sentence in his solo dissent in Morrison v. Olsen, a case on the constitutionality of the Independent Counsel, “That does not mean some of the executive power, but all of the executive power.”...
The Founders had thoughts on the question.
...[The unitary executive] may be destroyed in two ways: either by vesting the power in two or more magistrates of equal dignity and authority; or by vesting it ostensibly in one man, subject, in whole or in part, to the control and co-operation of others, in the capacity of counsellors to him....
IOW, declaring--without foundation, of course--that 'the Attorney General is/should be independent of the President'. Or that any other Cabinet Department is 'co-equal to the President in policymaking and is entitled to unlimited enforcement of that Department's regulatory schemes'.
Or--also germane to today's Lefty Rant of the Day--firing Government employees at will, just like YOU can be fired at will. The inanity of arguing that the AG must be appointed by the President but after that does not have to do the President's will (within all the usual guidelines) is obviously the product of the diseased minds who have forgotten Eric Holder and Merrick Garland--whose MO's trampled the usual guidelines almost to death.
Prayers should be offered so that SCOTUS makes the right decision: the one that lines up with Scalia's comment on Article Two Sentence One.
The ones like this one from Justice Thomas:
"The decision in Humphrey’s Executor poses a direct threat to our constitutional structure and, as a result, the liberty of the American people.The problem is that the Court’s premise was entirely wrong. The Constitution does not permit the creation of officers exercising “quasi-legislative” and “quasi-judicial powers” in “quasi-legislative” and “quasi-judicial agencies.” No such powers or agencies exist. "
Indeed.
1 comment:
Seems simple enough.
But even that is too much for most.
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