NSFW Anon Archived Q Post 2548 - Who does Mueller 'now' report to? (imgoat.com)
submitted ago by 2892702?
Posted by: 2892702?
Posting time: 2 years ago on
Last edit time: never edited.
Archived on: 3/5/2019 10:00:00 AM
Views: 1974
SCP: 59
59 upvotes, 0 downvotes (100% upvoted it)
~91 user(s) here now
Subverse anonymized: usernames are hidden and votes don't count.
NSFW: Yes
Authorized: No
Anon: Yes
Private: No
Type: Default
NSFW Anon Archived Q Post 2548 - Who does Mueller 'now' report to? (imgoat.com)
submitted ago by 2892702?
view the rest of the comments →
[–] 15399107? 0 points 5 points 5 points (+5|-0) ago
The reality is that either Congress has the Constitutional authority to delegate its powers to the Executive Branch, or it does not. There is no middle ground.
If it does, then the Whitaker appointment is Constitutional, because the Senate gave its consent when it voted to pass the Federal Vacancies Reform Act. The exact same reasoning is used to claim that much other significant legislation is Constitutional, from the War Powers Act to the Controlled Substances Act.
If it does not, then the entire edifice of the modern regulatory / administrative state is deeply Unconstitutional.
The interpretation of the "Necessary And Proper Clause" given to us by McCulloch vs. Maryland (and the way that interpretation has evolved in the 2 centuries since) leaves a hole in the armor of the Constitutional restrictions on what both the Executive and the Legislative branches may do more than large enough to authorize the hyper-tyrannical government that now inhabits Washington, D.C., even though no such authoritarian micromanagement of the lives of Americans would ever have been approved by those who wrote the Constitution. Congress may do whatever is "necessary" and "proper" to deal with real life situations, or so the Federal courts almost always rule. Temporarily handling vacancies of crucial Executive Branch offices by having Congress delegate its "advice and consent" authority to the President is completely in line with the sorts of things the courts have already allowed.
Given the above, the safe bet has to be that Trump has a majority of the Justices on his side. There's no way they don't know the consequences of ruling the other way.