Relevant and even prescient commentary on news, politics and the economy.

Unitary executive theory and the Führerprinzip

SCOTUS Chief Justice John Roberts subscribes to the unitary executive theory of American government and Constitutional interpretation. The unitary executive theory posits that the President possesses total, unrestrained authority over the entire executive branch, including the power to direct, supervise, and remove all officers within it. If that sounds familiar, it’s probably because it’s been […]

The Humpty-Dumpty SCOTUS

In Lewis Carroll’s “Through the Looking-Glass,” Humpty-Dumpty says, “When I use a word, it means just what I choose it to mean – neither more nor less.” Ever since Marbury v Madison, the Supreme Court has used similar logic with the Constitution. Now the Roberts SCOTUS has used this superpower to discover that the Constitution […]

SCOTUS killed the civil service

In its decision in Trump et al. v Wilcox et al., the six right-wing extremists on the Roberts SCOTUS stripped independent federal agencies of their independence. In principle, the next president could restore independence to these agencies, but from now on, such decisions are tenuous at best: “With unitary executive theory, Congress cannot write robust […]

1204 and forever…more unitary executive?

Rdan Hat tip Naked Capitalism regarding the Financial Stabilility Improvement Act as described by Washington’s Blog concerning banks/investment companies ‘too big to fail’ actions by the US and EU countries.October 29, 2009 begins testimony on more emergency powers by the executive branch. The House Committee on Financial Services will hold a hearing on the bill […]