“I have an Article II,” Donald Trump has announced, citing the US Constitution, “where I have the right to do whatever I want as president.”
John Roberts: Trump v. Mazars USA,: “[t]he President is the only person who alone composes a branch of government “
n “The
accumulation of all powers...may justly be pronounced the very definition of
tyranny James Madison, The Federalist No. 47. Such “accumulation...is a central feature of
modern American government.”
Roberts in Arlington v. FCC, 509 U.S. 290 (2013)
Alexander Hamilton – No 47 – Federalist papers:
…the preservation of liberty requires that the three great departments of power should be separate and distinct.
Hamilton's message is given much lip service but the tsunami of Executive Orders issued by Donald Trump since he took office six weeks ago tells a different story.
If Mr. Trump succeeds in court, the country will see a significant shift in power from the independent agencies to the White House.or better or for worse, that shift would be profoundly unsettling. And in some respects it could be dangerous — if, for example, a president is allowed to control monetary policy, or if he is in charge of the Federal Communications Commission, and thus able to play politics with national communications policy.
The president is not a king. In its most extreme version, the unitary executive theory is a form of invented history, a modern creation that threatens to change, and in important ways to undermine, the operations of the national government.
The theory of the unitary executive means that the president can fire, at his pleasure, the heads of the Federal Trade Commission, the National Labor Relations Board and other independent agencies. In its strongest form, the unitary executive theory means that the president can control the policy choices of those agencies. So if the F.T.C. wants to issue a rule to protect consumers, and the president thinks that’s a terrible idea, then he can prevent that rule from seeing the light of day.
No comments:
Post a Comment