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re: Gorsuch: There is no such thing in our constitutional order as a 4th branch of Government!
Posted on 12/9/25 at 8:19 am to David_DJS
Posted on 12/9/25 at 8:19 am to David_DJS
quote:
In the long run, this SCOTUS decision may end up being as big as anything Trump is able to accomplish in his second term.
In the long run Democrats will continue to ignore law and use the justice system as their defacto iron hammer. Until their are criminally punished for lawfare and clogging the courts with unconstitutional red tape to hold up everything they do not like it will continue.
They will no doubt just change a period to a came and run the same law suit up the chain to grind government (that they do not control) to a halt.
0
Posted on 12/9/25 at 8:20 am to Undertow
quote:
Trump hasn’t acquired any new powers the president didn’t have before.
His admin is literally trying to re-shape Executive power via the courts my dude, to overrule precedent to increase Executive powers.
This is one example of stripping the power of Congress to give more to the President. It's been established law for 100-ish years and they want to overrule it.
Posted on 12/9/25 at 8:22 am to TenWheelsForJesus
quote:
If the democrats hadn't been able to get the country to where we are now, I would agree with you.
Yet Trump and rogue judges are operating at another level, and you dont want the next Democrat to operate like he does nor do you want Republicans operating like these activist judges.
This post was edited on 12/9/25 at 8:23 am
Posted on 12/9/25 at 8:39 am to BrodyDad
quote:
The bottom line is that leftists cannot ever even sniff power again. I am not sure the people have the intestinal fortitude for that to happen
Or the laws? You can't keep someone out of power without voting.
Posted on 12/9/25 at 8:41 am to Undertow
quote:
Trump hasn’t acquired any new powers the president didn’t have before.
And the left will do what they want when the reacquire power anyway.
Trump is regathering executive power that hasnt been seen since Republicans started to put the brakes on FDR for his socialism.
Yes, the left will use those powers in absolutely evil ways if they are allowed to reacquire power. We are on the cusp of disaster and ruin if that happens beginning with the midterms.
I am just saying the quiet part out loud. I dont think moral and Godly people can leave this up to the traditional political process and hope for the best. Power belongs only in the hands of the righteous and in this case what is good for the goose, the gander doesnt deserve.
Posted on 12/9/25 at 8:47 am to SlowFlowPro
quote:
Unified Executive Theory basically establishes that 4th branch of the bureaucracy
What is "the Unified Executive Theory"?
Unitary?
If unitary, it does no such thing. If not, a 4th branch is unconstitutional.
quote:How in the world could eliminating an unconstitutional fourth branch of government "strip the legislative branch of its legislative power"?
Overruling this precedent will strip Congress of its legislative power
Posted on 12/9/25 at 8:49 am to Major Dutch Schaefer
quote:
Gorsuch: There is no such thing in our constitutional order as a 4th branch of Government!
He's correct there, but Congress is one of the three branches of government and Congress can create entities that operate outside of the control of the Executive. Congress can close them down too.
Posted on 12/9/25 at 8:55 am to Macavity92
Thank you for the succinct overview.
Posted on 12/9/25 at 9:36 am to TBoy
quote:
Congress can create entities that operate outside of the control of the Executive. Congress can close them down too.
Pretty vague and meaningless statement without providing Constitutional context.
If by operating "outside the control of the Executive", then surely these "entities" would be restricted to purely legislative purposes, like advising or the creation of rules, regulations, or laws. There would be no executive function of enforcement without the Executive.
If these "entities" were authorized by the Legislative with enforcement powers, they would immediately fall under the purview of the Executive, correct?
Posted on 12/9/25 at 9:44 am to Major Dutch Schaefer
I can't watch the video right now so I'm not sure if it was here or not but I saw a clip this morning where the commissioner's attorney was asked, by Gorsuch, if the President is constitutionally required to faithfully execute all law, yes or no (paraphrased question). The FTC Commissioner's attorney said "no" then rambled on. It was wild.
Posted on 12/9/25 at 9:47 am to Major Dutch Schaefer
Anyone who's read anything Gorsuch has written about executive agencies shouldn't be surprised by this.
That said, it's not some absolute slam dunk win for Trump though. He has written opinions about the failures of Trump's administration in his first term to follow procedure.
Gorsuch is easily becoming one of my favorite justices because of his hate of the administrative state and consistent stances on issues.
That said, it's not some absolute slam dunk win for Trump though. He has written opinions about the failures of Trump's administration in his first term to follow procedure.
Gorsuch is easily becoming one of my favorite justices because of his hate of the administrative state and consistent stances on issues.
Posted on 12/9/25 at 9:56 am to NC_Tigah
quote:
If unitary, it does no such thing. If not, a 4th branch is unconstitutional.
quote:
How in the world could eliminating an unconstitutional fourth branch of government
It seems you need to use a non-malleable definition of "fourth branch" to have your questions answered.
If we're including the entirety of the bureaucracy under the Executive, then, especially under the Unified Executive Theory, the discussion shifts to a system of severely unequal branches of government, without the necessary checks built into the Constitution. We can have that discussion within that framing if you'd wish.
Posted on 12/9/25 at 9:57 am to SlowFlowPro
How do you stop 50-ish percent of a democracy from regaining power ?“(Quote SFP)
Same way the Founders did. And they neither respected or created a ‘Democracy’. Rather they limited and nullified it within Constitutional Republic constraints, with “inalienable Rights coming from God”.
There are no legalistic ‘word salad’ arguments that can challenge this no matter how smart a lawyer is. One could present Moral challenges but as such is subjective and outside of Law, or even the “mob rule “/“two wolves and a sheep” voting will of the majority, it still ultimately goes to Marxism’s “barrel of a gun “. That is how this Nation was formed and endured. And how it will continue or end.
Same way the Founders did. And they neither respected or created a ‘Democracy’. Rather they limited and nullified it within Constitutional Republic constraints, with “inalienable Rights coming from God”.
There are no legalistic ‘word salad’ arguments that can challenge this no matter how smart a lawyer is. One could present Moral challenges but as such is subjective and outside of Law, or even the “mob rule “/“two wolves and a sheep” voting will of the majority, it still ultimately goes to Marxism’s “barrel of a gun “. That is how this Nation was formed and endured. And how it will continue or end.
Posted on 12/9/25 at 9:59 am to RCDfan1950
quote:
And they neither respected or created a ‘Democracy’.
Yeah we didn't vote in America when the Founders were in power
quote:
There are no legalistic ‘word salad’ arguments that can challenge this no matter how smart a lawyer is.
Except, you know, looking at voter tallies in every election since the Constitution was made the law of our land. OTHER THAN THAT, no arguments.
Posted on 12/9/25 at 10:02 am to SlowFlowPro
BS no wonder you are a half assed attorney.
Read the Constitution again. Maybe take a new class. Free on line.
Read the Constitution again. Maybe take a new class. Free on line.
Posted on 12/9/25 at 10:05 am to Major Dutch Schaefer
The argument has never been about a "4th branch". It's about the overreach of the Executive.
Gorsuch is reaching and trying to cover up his fealty to the president above all. The "Administrative State" is another fabrication by the Heritage Foundation, the Federalist Society, et al...
Gorsuch is reaching and trying to cover up his fealty to the president above all. The "Administrative State" is another fabrication by the Heritage Foundation, the Federalist Society, et al...
Posted on 12/9/25 at 10:09 am to SlowFlowPro
So in your opinion, SF, the “inalienable rights “ defined in the 1st and 2nd Amendments, et al, can be voted away by a majority of the electorate? If such be the case, then the whole Constitutional basis of our System becomes null and void, and it goes to some sort of ‘process’ outside of a vote. Especially a (perceived) corrupt vote.
I’ll await your yes/no opinion, minus the lawyerly word salad.
Wish I could hang around to banter. Gotta go work, buddy. Be well.
I’ll await your yes/no opinion, minus the lawyerly word salad.
Wish I could hang around to banter. Gotta go work, buddy. Be well.
Posted on 12/9/25 at 10:13 am to SlowFlowPro
quote:No.
If we're including the entirety of the bureaucracy under the Executive
Congress can create a bureaucracy for either of the other two branches of government as well. Further, Congress can fund or defund the executive bureaucracy according to its wishes. That's the way the constitution is designed. That is the way it was written. And that is the way that it should be followed.
The problem currently is that Congress is entirely dysfunctional. The judiciary branch is not far behind. Both of those factors shift power to the executive. Hamstringing the executive branch is not the solution to legislative and judicial inadequacies --- not now, not in the past, no and not in the future.
Posted on 12/9/25 at 10:20 am to Darth_Vader
quote:
SFPDS
Posted on 12/9/25 at 10:35 am to SlowFlowPro
quote:
You realize the Unified Executive Theory basically establishes....blah....blah....blah... shape that 4th branch outside of Congressional oversight.
Please direct the board to this part of the constitution?
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