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

Posted on 3/2/25 at 11:27 am to
Posted by RohanGonzales
Pronoun: Whatever
Member since Apr 2024
10654 posts
Posted on 3/2/25 at 11:27 am to
quote:

6 minutes and 2 posts later, you Beetlejuiced him right up.


Pull him into one thread, then avoid that thread.

win
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 3/2/25 at 11:29 am to
quote:

For years people have been upset that Congress gave too much power to the Executive by not legislating and giving vague mandates/power to the Executive via legislation.
what I truly do not understand about these Imperial Presidency people is their complete lack of grasp of the concept that politics are cyclical, and presidents come and go.

All the extraordinary powers they want to give to a guy who shares their general outlook would terrify them, if given to a guy who opposes that outlook.

They just cannot seem to grasp that these powers WILL go to that guy, at some point in the future.
Posted by POTUS2024
Member since Nov 2022
20943 posts
Posted on 3/2/25 at 11:31 am to
quote:

It creates a mandatory process to enact policies/regulations. It has very little, if anything, to do with the Constitution.

It has a great deal to do with the Constitution. Policies/regs are just a part of the APA. Adjudication and judicial review are rather important parts as well.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476645 posts
Posted on 3/2/25 at 11:31 am to
quote:

Only in your logical extension argument.


Only in the explanation of the UET
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476645 posts
Posted on 3/2/25 at 11:31 am to
quote:

You are trying to reduce the presidency to a figurehead position.


No I'm not

quote:

The President is the Unitary Executive. That is how it was set up. That is how our system was always intended to operate.

Except, it's not, and hasn't been?
Posted by Jbird
Shoot the tires out!
Member since Oct 2012
90572 posts
Posted on 3/2/25 at 11:33 am to
quote:

Only in the explanation of the UET

Meh
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476645 posts
Posted on 3/2/25 at 11:33 am to
quote:

From an operational standpoint

quote:

operational independence


Is this the first post ITT where you use the word "operational"?
Posted by UptownJoeBrown
Baton Rouge
Member since Jul 2024
9965 posts
Posted on 3/2/25 at 11:33 am to
What an idiot. The executive branch is 1 person: The President.
Posted by Bjorn Cyborg
Member since Sep 2016
35494 posts
Posted on 3/2/25 at 11:35 am to
This thread is about whether the president can fire an “independent” overseer foisted on him by the legislature.

The Unitary Executive Theory does not give the president “extraordinary powers”

Unless I missed it, no one here has posted that the president should be able to make laws or decide court cases.

But he should be able to hire and fire executive branch employees, analyze and audit executive information and processes, run daily operations of his departments, etc


Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476645 posts
Posted on 3/2/25 at 11:35 am to
quote:

what I truly do not understand about these Imperial Presidency people is their complete lack of grasp of the concept that politics are cyclical, and presidents come and go.

No they understand it. They just want power when their team is in power and bitch when power is used when the other team is in power. I posted examples from this board earlier ITT about Obama's "pen and a phone"

We can try other examples:

1. Biden forgiving student loans.
2. Trump's bumpstock ban.
3. Fincen BOI reporting.

Does anyone disagree that if I go looking for threads, I'll find a bit of hypocrisy looking up these 3 examples?

Posted by Diego Ricardo
Alabama
Member since Dec 2020
13222 posts
Posted on 3/2/25 at 11:36 am to
quote:

what I truly do not understand about these Imperial Presidency people is their complete lack of grasp of the concept that politics are cyclical, and presidents come and go.



I think some - not all - of these people imagine that:

A) The combination of broadly empowered executive that can essentially rule by fiat along side with a generation of judicial appointments by the right wing has made it such that eventually the SCOTUS can essentially turn their brains into pretzels to determine why red guy can do it but blue guy can't.

B) They just imagine they're never going to lose again

C) They don't see themselves adhering to the peaceful transition of power norms if they do lose


A puts a lot of trust in conservative appointments being purely partisan and that has not always been a good bet.

B is pure fantasy. The leading bet should be for the Democrats to clean up in 2026 and win the presidency in 2028. I do not think what the GOP has made their priority will end up being popular with the public when it inevitably leads to GDP contraction.

C is for coup. Would devolve into a civil war and mass blood letting of our own people.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476645 posts
Posted on 3/2/25 at 11:37 am to
quote:

But he should be able to hire and fire executive branch employees, analyze and audit executive information and processes, run daily operations of his departments, etc

*subject to Congressional authority authorized by the Constitution and within the strict limitations of the statutory authority used to create the agency/executive power.

Like the APA, Civil Service Reform Act , etc.
Posted by Jbird
Shoot the tires out!
Member since Oct 2012
90572 posts
Posted on 3/2/25 at 11:37 am to
Implied Powers are fun.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476645 posts
Posted on 3/2/25 at 11:38 am to
quote:

Implied Powers are fun.


quote:

Article. I.
Section. 1.
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.


nothing implied by plain text
This post was edited on 3/2/25 at 11:39 am
Posted by Jbird
Shoot the tires out!
Member since Oct 2012
90572 posts
Posted on 3/2/25 at 11:39 am to
So no implied powers exist?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476645 posts
Posted on 3/2/25 at 11:40 am to
quote:

So no implied powers exist?

My comment had nothing to do with implied powers.

I pointed out that your comment was not a relevant response to mine
Posted by Jbird
Shoot the tires out!
Member since Oct 2012
90572 posts
Posted on 3/2/25 at 11:42 am to
quote:

I pointed out that your comment was not a relevant response to mine

As it pertains to operating the Executive Branch it does.
Posted by jbdawgs03
Athens
Member since Oct 2017
13855 posts
Posted on 3/2/25 at 11:45 am to
You’re arguing with a guy who has the record for most posts in a single day and pretends to be a lawyer. He’s 100% mentally ill.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476645 posts
Posted on 3/2/25 at 11:46 am to
quote:

operating


There's that word again. How may times other than this post have you used that word ITT?

Starting to feel like a pivot is emerging.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476645 posts
Posted on 3/2/25 at 11:47 am to
quote:

who has the record for most posts in a single day

Just so you know, I don't think this is true.
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