broke: Humphrey's Executor shouldn't be overturned woke: Myers was wrongly decided, the "Decision of 1789" isn't real, Tenure of Office Act was constitutional, there is no guaranteed presidential removal power at all, and executive office tenure is totally up to Congress under Necessary & Proper. - ThreadSky

andycraig.bsky.social • 8 days ago

broke: Humphrey's Executor shouldn't be overturned

woke: Myers was wrongly decided, the "Decision of 1789" isn't real, Tenure of Office Act was constitutional, there is no guaranteed presidential removal power at all, and executive office tenure is totally up to Congress under Necessary & Proper.

Reposted from Chris Geidner

NEW: Here is Trump's executive order purporting to end the independence of multi-member head independent agencies. www.documentcloud.org/documents/25...

Comments

fredwoehrle.bsky.social•8 days ago

If that's true, why didn't you criticize Joe Biden for firing Mark Calabria (who then went back to the Cato Institute, where you were working)?

andycraig.bsky.social•8 days ago

How would you know what I thought about it four years ago? Rather obnoxious to make that baseless accusation.

But yes, Alito was wrong in that ruling which Biden then used, for the same reason. Of course. As for Mark, we overlapped briefly but I don't believe I've ever met him. It's a large org.

elliotforhan.bsky.social•8 days ago

George Washington would I think disagree

andycraig.bsky.social•8 days ago

Presidents taking a dubiously expansive view of their own powers does have its own long history, granted.

andycraig.bsky.social•8 days ago

To an acceptable approximation, the Radical Republicans were right about everything.

lawnerd.bsky.social•8 days ago

One of my weird legal bugaboos is that Marbury was not just wrongly decided but OBVIOUSLY wrongly decided, DUH the constitution empowers Congress to increase the original jurisdiction of the Supreme Court, this is literally the easiest constitutional question ever

drobinsonfilm.bsky.social•8 days ago

Couldn’t Congress pass a law banning the practice of judicial review?

lawnerd.bsky.social•8 days ago

Im not talking about judicial review. Im talking about the thing that marbury negated via judicial review.

I think judicial review has an important place in a democratic society but as to the original jurisdiction of the Supreme Court John Marshall’s interpretation of the constitution was idiotic

drobinsonfilm.bsky.social•8 days ago

Ah, understood 👍

bergmayer.net•8 days ago

yes, I believe in the “minimal executive”. the executive power is to follow the law, and if the law says the president can’t wipe his ass without permission then so be it. congress can’t pass a law telling him what bills to sign or veto, I would allow