alt Hacker NewsDo you have a case which was not about the executive authority of Donald Trump specifically? When we talk about how controversial or how new this interpretation is, the question I really have in mind is, why should I believe that it was developed out of genuine legal analysis and not an unprincipled desire to give Trump more power?
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CGMthrowaway • last Wednesday at 7:51 PM
Yeah the FCC is really about Weiner[1], if anything, not Humphrey's. Weiner established some precedent of "inferred" independence for agencies of a certain character (e.g. those whose function is wholly judicial or legislative) even when explicit removal protections are not included in the law.
Myers v. United States, written by Justice Taft in 1926: https://supreme.justia.com/cases/federal/us/272/52/
It contains an exhaustive historical analysis explaining why the President has unrestricted power to remove executive officers.
The “unprincipled” decisions were the ones like Humphrey’s Executor that sought to find ways to implement the 20th century concept of an “expert administrative state.” That’s not the government that was created in our constitution.