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Started By
Message
re: Gorsuch: There is no such thing in our constitutional order as a 4th branch of Government!
Posted on 12/9/25 at 11:10 am to SlowFlowPro
Posted on 12/9/25 at 11:10 am to SlowFlowPro
quote:
It seems you need to use a non-malleable definition
I've never read such an eloquent way of saying "I pulled it out my arse" than this. Bravo.
0
Posted on 12/9/25 at 11:22 am to RCDfan1950
quote:
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?
Ultimately, they can amend the Constitution, if they so choose. Are you not familiar with the Amendment process?
All the parties that would be involved in that process would be selected by some form of democracy.
Posted on 12/9/25 at 11:24 am to NC_Tigah
quote:
No.
Then you have some defining to do
quote:
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.
The case being argued in OP is about this. The Trump admin is arguing Congress cannot structure these agencies in a particular way, arguing that Congress should be stripped of this legislative authority in subservience to the Executive.
Posted on 12/9/25 at 11:33 am to blackinthesaddle
Not necessarily.
Posted on 12/9/25 at 11:41 am to SlowFlowPro
Agreed. 2/3 vote would create an interesting dynamic. That is where a very serious and comprehensive dialogue would take place. Not the politically correct/no hurt feelings version that happens now.
I have no problem with Qualified Mercy via Collective (Government) “Welfare “ mechanisms for those individuals less able to cut it in a Capitalist Meritocracy. IF (BIG IF) such does no harm to the individual receiving said charity or those who offer extraordinary efforts toward their own survival and prosperity and create the Collective largesse. I hope that the extraordinary power of the coming AI/High Tech Revolution can indeed be implemented in ways that maximize true Freedom for both those who work hard - forfeiting time with their beloved - and those who reject work based on the Marxist belief that a Meritocracy is “Darwinian Economics and merciless; which would be counter to the Christian belief upon which this Nation was Founded. And the hope of all Christians whose hope is for Mercy over Justice re their Judgment into the next life.
The Whole Truth will be known. It’s coming. Realized and acknowledged likely not; that will only “come in the clouds “.
I have no problem with Qualified Mercy via Collective (Government) “Welfare “ mechanisms for those individuals less able to cut it in a Capitalist Meritocracy. IF (BIG IF) such does no harm to the individual receiving said charity or those who offer extraordinary efforts toward their own survival and prosperity and create the Collective largesse. I hope that the extraordinary power of the coming AI/High Tech Revolution can indeed be implemented in ways that maximize true Freedom for both those who work hard - forfeiting time with their beloved - and those who reject work based on the Marxist belief that a Meritocracy is “Darwinian Economics and merciless; which would be counter to the Christian belief upon which this Nation was Founded. And the hope of all Christians whose hope is for Mercy over Justice re their Judgment into the next life.
The Whole Truth will be known. It’s coming. Realized and acknowledged likely not; that will only “come in the clouds “.
Posted on 12/9/25 at 12:17 pm to SlowFlowPro
quote:Obviously, the floating signifier here is "in a particular way." Congress is granted oversight, not operation.
The case being argued in OP is about this. The Trump admin is arguing Congress cannot structure these agencies in a particular way
Article II of the Constitution vests “the executive Power” in the President, not in the legislative branch. It provides the executive branch powers to appoint principal officers (with Senate confirmation), as well as the power to remove them.
E.g., The President can fire his Secretary of State (or any other cabinet secretary) at any time, for any reason or no reason at all. If Congress determines day-to-day operations are not within congressional expectation, Congress can defund departments, impeach the officers, responsible, or even impeach the president.
Clearly, as the POTUS has a constitutional right to dismiss major cabinet officials at whim, he has similar rights/responsibilities regarding lesser officials in the executive branch.
Those are the provisional checks and balances.
Posted on 12/9/25 at 12:48 pm to SlowFlowPro
No. Your side is trying to reshape executive powers via the courts. Trump is trying to keep the power that every president has had….my dude.
The left is just trying to neuter Trump through lawfare. Same old song and dance for them.
The left is just trying to neuter Trump through lawfare. Same old song and dance for them.
This post was edited on 12/9/25 at 12:52 pm
Posted on 12/9/25 at 12:51 pm to Major Dutch Schaefer
I'd be willing to bet that Gorsuch and KBJ don't talk to each other too much.
Posted on 12/9/25 at 12:53 pm to Undertow
quote:
No. Your side is trying to reshape executive powers via the courts.
Literally the Trump admin strategy
quote:
Trump is trying to keep the power that every president has had
No President has had this power since Humphrey's Executor, almost 100 years ago. It's unclear how much of this power they held before that, but post-HE, no President has had this power.
The Trump admin is trying to have the courts reverse HE to gain the power.
Posted on 12/9/25 at 1:12 pm to BrodyDad
quote:
I am MAGA through and through, but this and the talk of killing the filibuster worries me.
Posted on 12/9/25 at 2:10 pm to BrodyDad
quote:
It scares me to think what a Commie President and Commie congress would do with the power President Trump has managed to acquire.
you have already seen it..ever hear of Barrack Obama? Even worse was the group that ran the country under "Biden"...(more from Obama's group)
Posted on 12/9/25 at 2:11 pm to Megasaurus
quote:
you have already seen it..ever hear of Barrack Obama?
He did not have this power.
quote:
Even worse was the group that ran the country under "Biden"
They did not have this power, either.
Posted on 12/9/25 at 3:04 pm to Darth_Vader
quote:
SFP will be here shortly to explain why Gorsuch is wrong and there really is a 4th branch of government and it has more power than the president.
What else would you expect from a pretend lawyer?
Posted on 12/9/25 at 3:18 pm to SlowFlowPro
quote:The Humphrey's Executor ruling was concocted from the same mysterious ethers of Roe.
No President has had this power since Humphrey's Executor, almost 100 years ago.
Literally nothing in the constitution supports it. Yet, like Roe, contrived, cobbled-together reasoning was put forth and inexplicitly accepted for years. Returning to erroneous citations/rulings (a.k.a. precedents) is the stuff of legal gamesmanship that drives thinking citizens nuts.
In my world, the equivalent would be "science by consensus." Essentially both are doubling down on stupidity.
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