There's some misunderstanding of this order. Putting my broader concerns about Trump aside, this order is meant to advance a constitutional theory that conservatives have championed for decades, known as the "unitary executive." - ThreadSky

robrandhava.bsky.social • 3 days ago

There's some misunderstanding of this order. Putting my broader concerns about Trump aside, this order is meant to advance a constitutional theory that conservatives have championed for decades, known as the "unitary executive."

Reposted from FactPost

Trump official announces that Trump has signed an executive order claiming that only the president can speak for “what the law is”

(This is not how the Constitution works)

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robrandhava.bsky.social•3 days ago

The theory holds that any agency/office that Congress created to implement a law should be directly under the control of the President - meaning that independent agencies or independent counsels (more on that shortly) etc. are outside of the design of Article II of the Constitution.

robrandhava.bsky.social•3 days ago

From the order:

"The President and the Attorney General... shall provide authoritative interpretations of law for the executive branch."

That "for the executive branch" is key here. Within that executive branch, Trump and Bondi - not any other agency - have the last word on what a law means.

robrandhava.bsky.social•3 days ago

This is setting up for a constitutional showdown, but it's a showdown between the President and Congress, rather than between the President and the courts. (Although if the courts don't rule his way, who knows.)

robrandhava.bsky.social•3 days ago

The issue famously came up in the 1988 SCOTUS case of Morrison v. Olson, which upheld the Independent Counsel law. Scalia wrote a blistering (and pretty thoughtful) lone dissent arguing that anyone in the executive branch must answer to the President, or it'd create a constitutional Frankenstein...

robrandhava.bsky.social•3 days ago

...and a decade later, Ken Starr's pursuit of Bill Clinton's affair proved Scalia right (broken clock moment). After that experience, both parties agreed not to renew the independent counsel law. But other independent agencies remain, and that's what Trump is trying to go after in this order.

robrandhava.bsky.social•3 days ago

For what it's worth, one independent agency he doesn't go after in this order is the Fed, when it comes to monetary policy. He expressly says that's not covered. That should provide some comfort.

politicallatino.bsky.social•2 days ago

This is how I heard the exec order.

robrandhava.bsky.social•2 days ago

I mean, he still is a mad dictator. And just a downright shitty person.

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