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The conservative legal movement has long argued an originalist understanding of the #Constitution — an interpretation that looks to how the document was understood at the time of the nation’s founding—demands letting the president remove #ExecutiveBranch officials as he sees fit. The so-called “unitary executive theory,” says the president should have complete control of the exec branch & congressional efforts to shield leaders of #independent agencies from #politics should be forbidden.
#law 🧵
In Sept, though, a leading originalist law professor, Caleb E. Nelson, challenged that wisdom in an article that attracted attention in legal circles & beyond. He wrote that the text of the #Constitution & the historical evidence surrounding it in fact grant #Congress broad authority to shape the #ExecutiveBranch, including by putting limits on the president’s #power to fire people.
#law #HumphreysExecutor #SCOTUS #ActivistCourt #Trump #Autocracy #SeparationOfPowers 🧵
https://democracyproject.org/posts/must-administrative-officers-serve-at-the-presidents-pleasure
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