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re: Judge Amy Berman Jackson Rules the Bureaucracy Controls the Executive Branch, Not POTUS

Posted on 3/2/25 at 8:10 am to
Posted by Goforit
Member since Apr 2019
8759 posts
Posted on 3/2/25 at 8:10 am to
It will be overturned.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476648 posts
Posted on 3/2/25 at 8:13 am to
quote:


It will be overturned.

In this specific instance, likely, because he was appointed and there doesn't appear to be specific language from the organizing statute re: removal (see the post a few posts back with the prior court case).
Posted by trinidadtiger
Member since Jun 2017
19985 posts
Posted on 3/2/25 at 8:21 am to
quote:

The Trump admin is trying to change the way the Executive is viewed with their Unified Executive Theory.


The way "it is viewed"???? No the way it is codified in law and the Trump administration is correct.
Posted by LSUSkip
Central, LA
Member since Jul 2012
24717 posts
Posted on 3/2/25 at 8:24 am to
They obviously didn't, or like most Democrats, they just don't care. The rule on what they want, not what actually is.
Posted by POTUS2024
Member since Nov 2022
20943 posts
Posted on 3/2/25 at 8:27 am to
quote:

I heard someone on here just this last week argue "there is no such thing as an Independent Agency" and I was like


That person was right, at least Constitutionally. There is nothing independent from oversight, review, accountability etc from something else out there. Anything that is independent would be tyranny.

quote:

The question is what limits Congress has on its own creation outside of specific Constitutional references (like the appointment Clause).

When they created OSC they put it in the Executive Branch and made the SC a presidential appointee. They handed power to the Executive and then had the chance to restrict the Executive in its dealings with OSC (they didn't do much) and when it comes to removal, they and the Constitution impose very little in the way of restrictions here.

quote:

What this Unified Executive Theory is arguing is that even that vague action is irrelevant, because once they create a body with any Executive prerogative, the Executive has limitless power now within that body.

Yeah, the unitary executive has limitless power in acting as the Executive. Our Founders did not establish a committee or a counsel. They established a lone executive that gets power via a nationwide vote and that one person gets a lot of power. Like Obama said, "I've got a pen and a phone." If it's executive action and it doesn't violate the Constitution, then the President can do it.
Posted by OTIS2
NoLA
Member since Jul 2008
52554 posts
Posted on 3/2/25 at 8:28 am to
She’s a liberal, Jewish Democrat educated at Harvard.
Posted by Jay Quest
Once removed from Massachusetts
Member since Nov 2009
10721 posts
Posted on 3/2/25 at 8:29 am to
quote:

This is a "wash rinse repeat" thing for them. Even if it goes to the SCOTUS and gets a ruling in favor of the executive branch they'll simply do it again.

The Dems have said as much from day one. They will seek solace from the courts rather than debate the merits of Trump's EOs. It's going to be another four years of lawfare.
Posted by HagaDaga
Member since Oct 2020
7852 posts
Posted on 3/2/25 at 8:31 am to
quote:

Even if it goes to the SCOTUS and gets a ruling in favor of the executive branch they'll simply do it again.

Crazy there isn't some kind of punishment for judges.
Posted by SlayTime
Member since Jan 2025
3738 posts
Posted on 3/2/25 at 8:32 am to
quote:

She’s a liberal, Jewish Democrat educated at Harvard.


Thanks. Now everyone nose the truth.
Posted by ChatGPT of LA
Member since Mar 2023
6304 posts
Posted on 3/2/25 at 8:34 am to
Blah blah.....there can't be a dumbass judge stupid enough to say no one can fire the guy.
She's a moron
Posted by HagaDaga
Member since Oct 2020
7852 posts
Posted on 3/2/25 at 8:40 am to
quote:

The Trump admin
quote:

is trying to change the way
the Executive is viewed with their Unified Executive Theory.

I find this funny. Especially since all we've seen is Democrats change every norm in our society.
Posted by Sasquatch45
Earth
Member since Jul 2021
1899 posts
Posted on 3/2/25 at 8:41 am to
The Deep state is Deep going to have to get a bigger sub - pump..
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476648 posts
Posted on 3/2/25 at 8:42 am to
quote:

Yeah, the unitary executive has limitless power in acting as the Executive. Our Founders did not establish a committee or a counsel.

By they did establish a Congress, who has a role in crafting the statutes creating these bodies, which means they have powers to limit/expand executive power. That's basic checks and balances that the UET wants to discard.

Clear Constitutional authority? Like the appointment clause? That's different, and shows that the drafters of the Constitution believed only certain executive functions were Constitutionally guaranteed to the executive. Had they promoted the UET, you'd have to have thought they would have included a clause in the matter.

quote:

When they created OSC they put it in the Executive Branch and made the SC a presidential appointee.

And that's regulated by the appointments clause. \

Even the case you cited last page makes it clear Congress can regulate certain actors outside of this specific class of persons. That case clearly rejects the UET.
Posted by RCDfan1950
United States
Member since Feb 2007
39671 posts
Posted on 3/2/25 at 8:44 am to
quote:

Where did these dumbass judges learn civics?



A lot are not "dumb", they are Globalist DEI/Transnational Progressive and strive to "fundamentally change" and nullify Constitutional Principle via "inalienable Rights from God".

In other words, they are Treasonous to their Oath.
Posted by Houag80
Member since Jul 2019
19474 posts
Posted on 3/2/25 at 8:46 am to
Cvnt
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476648 posts
Posted on 3/2/25 at 8:49 am to
quote:

I find this funny. Especially since all we've seen is Democrats change every norm in our society.


Well, when Obama was in power "wielding a pen and a phone", those proclaiming undying loyalty to the UET were singing quite a different tune

So yes, viewed is an apt linguistic choice.

Never forget

quote:

President Obama has a new phrase he's been using a lot lately: "I've got a pen, and I've got a phone."


quote:

"I am going to be working with Congress where I can to accomplish this, but I am also going to act on my own if Congress is deadlocked," he said at an education event at the White House on Thursday. "I've got a pen to take executive actions where Congress won't, and I've got a telephone to rally folks around the country on this mission."


LINK

quote:

I suspect you'll find that he thinks the Executive Branch "working with a pen and a phone" is no more Constitutionally palatable with Trump than with Obama.


quote:

This. The right thing done the wrong way is still the wrong thing. Why? Because it opens the door for the wrong things to be done the wrong way with no way to stop them.


Trump won't need a pen and a phone

LINK

quote:

I didn’t hear her doing a whole lot of complaining about Mr. Pen-and-a-Phone.


LINK

quote:

They think that marks the end of the rule of law?



They need to go back several years to Obama's pen and phone.


etc
Posted by RockyMtnTigerWDE
War Damn Eagle Dad!
Member since Oct 2010
108972 posts
Posted on 3/2/25 at 8:50 am to
quote:

The Trump admin is trying to change the way the Executive is viewed with their Unified Executive Theory


I don’t think he’s trying to change anything except reel in the bureaucracy and get the departments under the EB to carry out his agenda and mandates. Which is quite sensible and constitutional.
Posted by Godfather1
What WAS St George, Louisiana
Member since Oct 2006
89038 posts
Posted on 3/2/25 at 8:52 am to
quote:

Amy Berman Jackson


Not a judge. An activist in a black robe.

THIS is one who needs impeachment proceedings to be instituted against. Time after time, she’s shown her true colors.
This post was edited on 3/2/25 at 8:52 am
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 3/2/25 at 8:52 am to
quote:

quote:

She’s a liberal, Jewish Democrat educated at Harvard.
Thanks. Now everyone nose the truth.
tsk tsk tsk
Posted by TigerCoon
Member since Nov 2005
22475 posts
Posted on 3/2/25 at 8:52 am to
ignore this wrinkly old brawd...
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