USAID-Subsidized Politico Calls Article II “Fringe”

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The formerly Democrat Government-subsidized Politico said Article II, Section 1, Clause 1 of the United States Constitution is โ€œfringe.โ€ Forget the fact that Politico is fringe. The Constitution isn’t fringe. They are.

Article II; Section 1;ย Clause 1 President’s Role

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years and, together with the Vice President chosen for the same Term, be elected as follows.

Politico on Donald Trumpโ€™s assertion of the โ€œunitary executiveโ€ theory [which comes directly from the Constitution].

President Donald Trump on Tuesday signed a sweeping executive order bringing independent agencies under the control of the White House โ€” an action that would greatly expand his power but is likely to attract significant legal challenges.

It represents Trumpโ€™s latest attempt to consolidate power beyond boundaries other presidents have observed and to test the so-called unitary executive theory, which states that the president has the sole authority over the executive branch. And it reflects the influence of Russ Vought, Trumpโ€™s budget chief, one of several conservatives in his orbit who have called for axing independent arms of the executive branch.

The theory was long considered fringe, and many mainstream legal scholars still believe it is illegal, given that Congress set the agencies up specifically to act independently, or semi-independently, from the president. These include the Federal Communications Commission, the Federal Trade Commission, and the Securities and Exchange Commission, all of which enact regulations and can impose hefty fines on businesses that violate the rules.

It isn’t against the lawโ€”it is the law. If they are too independent, they become rogue agencies, and that is what some are. For example, Warren’s Consumer Financial Protection Bureau is one, and USAID is another. Forced to keep partisan political operatives in a new administration is another problem.

Humphrey’s Executor

Hopefully, the Supreme Court will rid us of Humphry’s Executor. It is the last unconstitutional law that stands in the way of unitary executive theory.

The Supreme Court decision Humphreyโ€™s Executor v. United States says that the law provides that a commission member may be removed only for โ€œinefficiency, neglect of duty, or malfeasance in office.โ€ The Acting Solicitor General is asking the Supreme Court to nullify that decision. Humphreyโ€™s ruling limits the Presidentโ€™s power to address political appointees’ politicizing decisions.

Hampton Dellinger’s firing will be decided quickly, and it is directly tied to this. It limits the grounds by which a president can fire an employee.

Progressive Democrats think the entire Constitution is fringe. Anything that interferes with their opinions, including the law is fringe. Their legal advisors are the ones that are fringe.


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