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#1961 |
Penultimate Amazing
Join Date: Aug 2007
Location: Hong Kong
Posts: 49,675
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There's also a whole other discussion about whether the Legislature has constitutional authority to dictate Executive staffing decisions in this way. The constitution is pretty clear about which Executive jobs require Legislative "advice and consent". All three branches of government are pretty jealous of their constitutional privileges, and have historically rejected attempts to take them away.
I doubt any president would agree to comply with a law that prohibited him from making hiring and firing decisions within the Executive branch. It would require a Supreme Court ruling, at the very least. |
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#1962 |
Philosopher
Join Date: Sep 2016
Posts: 5,371
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Requiring advice and consent to fill some positions doesn't mean that requirement can't exist for other positions. In fact that are a lot of top postings that require advice and consent that are not named in the Constitution and did not exist until some 100+ years after it was written, proposed, and/or ratified.
Requiring advice and consent to fill some positions doesn't mean that no restrictions whatsoever can exist on firings. The current standoff is such that Congress has strict guidelines on what circumstances the heads of agencies and commissions may be removed under. This means the executive can do so, but is inherently making a very hostile claim against the ousted individual that would almost certainly draw the administration into a potentially high-profile case of a politically motivated sacking and smear job. The real hard limit is that Congress can't retain full, autonomous control of positions it creates. It is entirely possible that some agencies could have a clause where a firing of an office holder triggers (or allows the fired individual to appeal for) a Congressional review that can uphold or overturn it. Although the real problem is that most of the rules for retaining some oversight are all predicated on the idea that the President doesn't want the office to be empty and without leadership, funding, etc. That creates a real problem when grappling with an ideology that wants to cripple social services. |
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#1963 |
Penultimate Amazing
Join Date: Aug 2007
Location: Hong Kong
Posts: 49,675
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Can you give some examples?
Quote:
And I doubt Congress can simply pass a law making it so. |
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#1964 |
Philosopher
Join Date: Sep 2016
Posts: 5,371
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Many term-limited positions cannot be removed once confirmed. Fed chair, for example.
A Special Counsel cannot be unilaterally fired by the President (this requires a weasely, weak-willed AG to go along). EPA and NRC and endless other alphabet soup agencies have various verbiage about what cause of action may allow a firing. As I said, that makes the firing much more incendiary (which mattered once, in a bygone era). Point still remains, the law says the President can't just do it whimsically, there are rules about the hows and whys of it.
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The laws that are in place now are technically unconstitutional by your reasoning. We can disagree on what the rules "should" be all we want, but to reject that there even can be any rules is absurd on its face. If you wish to maintain that posture, then there's nothing left to discuss because it will only end with "we can do nothing." Pointless conversation. |
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#1965 | |||
Penultimate Amazing
Join Date: Feb 2004
Posts: 13,615
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The Lincoln Project (Aug. 4, 2020): President Trump officially endorses Susan Collins
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__________________
/dann "Stupidity renders itself invisible by assuming very large proportions. Completely unreasonable claims are irrefutable. Ni-en-leh pointed out that a philosopher might get into trouble by claiming that two times two makes five, but he does not risk much by claiming that two times two makes shoe polish." B. Brecht "The abolition of religion as the illusory happiness of the people is required for their real happiness. The demand to give up the illusion about its condition is the demand to give up a condition which needs illusions." K. Marx |
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#1966 |
Penultimate Amazing
Join Date: Jun 2003
Posts: 48,353
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__________________
"As long as it is admitted that the law may be diverted from its true purpose -- that it may violate property instead of protecting it -- then everyone will want to participate in making the law, either to protect himself against plunder or to use it for plunder. Political questions will always be prejudicial, dominant, and all-absorbing. There will be fighting at the door of the Legislative Palace, and the struggle within will be no less furious." - Bastiat, The Law |
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#1967 |
Self Employed
Remittance Man Join Date: Nov 2009
Location: Florida
Posts: 30,693
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__________________
Yahtzee: "You're doing that thing again where when asked a question you just discuss the philosophy of the question instead of answering the bloody question." Gabriel: "Well yeah, you see..." Yahtzee: "No. When you are asked a Yes or No question the first word out of your mouth needs to be Yes or No. Only after that have you earned the right to elaborate." |
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#1968 |
Penultimate Amazing
Join Date: Jun 2003
Posts: 48,353
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I don't think that's true. I don't think Congress is constitutionally capable of reviewing any firing decisions in the sense you mean. They can (and have) passed laws that dictate the terms under which an executive branch firing can happen (ie, it may require "just cause", etc.), but if such a firing is contested, it goes through the courts, NOT congress, because congress has no role in enforcing laws. And oversight is distinct from enforcement.
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__________________
"As long as it is admitted that the law may be diverted from its true purpose -- that it may violate property instead of protecting it -- then everyone will want to participate in making the law, either to protect himself against plunder or to use it for plunder. Political questions will always be prejudicial, dominant, and all-absorbing. There will be fighting at the door of the Legislative Palace, and the struggle within will be no less furious." - Bastiat, The Law |
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#1969 |
Penultimate Amazing
Join Date: Jun 2003
Posts: 48,353
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__________________
"As long as it is admitted that the law may be diverted from its true purpose -- that it may violate property instead of protecting it -- then everyone will want to participate in making the law, either to protect himself against plunder or to use it for plunder. Political questions will always be prejudicial, dominant, and all-absorbing. There will be fighting at the door of the Legislative Palace, and the struggle within will be no less furious." - Bastiat, The Law |
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#1970 |
Penultimate Amazing
Join Date: Sep 2001
Posts: 31,711
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__________________
1. He'd never do that. 2. Okay but he's not currently doing it. 3. Okay but he's not currently technically doing it. 4. Okay but everyone does it. 5. He's doing it, we can't stop him, no point in complaining about it. 6. We all knew he was going to do it which... makes it okay somehow. 7. It's perfectly fine that's he's doing it. |
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#1971 |
Penultimate Amazing
Join Date: Jan 2002
Location: Canada, eh?
Posts: 17,124
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__________________
Trust me, I know what I'm doing. - Sledgehammer I'm Mary Poppin's Y'all! - Yondu We are Groot - Groot |
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#1972 |
Self Employed
Remittance Man Join Date: Nov 2009
Location: Florida
Posts: 30,693
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__________________
Yahtzee: "You're doing that thing again where when asked a question you just discuss the philosophy of the question instead of answering the bloody question." Gabriel: "Well yeah, you see..." Yahtzee: "No. When you are asked a Yes or No question the first word out of your mouth needs to be Yes or No. Only after that have you earned the right to elaborate." |
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#1973 |
Penultimate Amazing
Join Date: Jun 2003
Posts: 48,353
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__________________
"As long as it is admitted that the law may be diverted from its true purpose -- that it may violate property instead of protecting it -- then everyone will want to participate in making the law, either to protect himself against plunder or to use it for plunder. Political questions will always be prejudicial, dominant, and all-absorbing. There will be fighting at the door of the Legislative Palace, and the struggle within will be no less furious." - Bastiat, The Law |
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#1974 |
Fiend God
Join Date: Oct 2005
Location: In a post-fact world
Posts: 91,442
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Which conspiracy theory collapsed? Certainly not the Russia-TrumpAdmin one. Acquittal in the Senate was a given; it had no relation to the truth of the accusations.
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#1975 |
Self Employed
Remittance Man Join Date: Nov 2009
Location: Florida
Posts: 30,693
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__________________
Yahtzee: "You're doing that thing again where when asked a question you just discuss the philosophy of the question instead of answering the bloody question." Gabriel: "Well yeah, you see..." Yahtzee: "No. When you are asked a Yes or No question the first word out of your mouth needs to be Yes or No. Only after that have you earned the right to elaborate." |
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#1976 |
Nasty Woman
Join Date: Feb 2005
Posts: 87,000
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#1977 |
Penultimate Amazing
Join Date: Jun 2003
Posts: 48,353
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__________________
"As long as it is admitted that the law may be diverted from its true purpose -- that it may violate property instead of protecting it -- then everyone will want to participate in making the law, either to protect himself against plunder or to use it for plunder. Political questions will always be prejudicial, dominant, and all-absorbing. There will be fighting at the door of the Legislative Palace, and the struggle within will be no less furious." - Bastiat, The Law |
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#1978 |
Fiend God
Join Date: Oct 2005
Location: In a post-fact world
Posts: 91,442
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#1979 |
Evil Fokker
Join Date: Aug 2001
Posts: 13,178
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Did BrooklynBaby hack Ziggurat's account?
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__________________
www.spectrum-scientifics.com <- My store of science toys, instruments and general fun! Thanks for helping me win Best Toys in Philly Voter in 2011,2012, and 2014! We won' be discussing the disappointment that was 2013. |
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#1980 |
Fiend God
Join Date: Oct 2005
Location: In a post-fact world
Posts: 91,442
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It's a fact that the Russian state has interfered with the presidential elections in 2016. It's a fact that a suspiciously disproportionate number of contacts existed between people directly related to Trump and his campaign and Russian assets, which raises important questions. Trump himself has a long history of using his properties to help Russian oligarchs and mobsters launder money extracted from the motherland, seems to have had a political epiphany on his first trip to Russia in the 80s, and fawns over Putin like a schoolboy in puberty. Add to that a number of other odd facts, like the involvement of Deutschebank and Trump's ties to Russian markets, and it's not really a conspiracy theory that the Trump campaign had some sort of coordination with the Russian state during the elections; it's instead a very plausible scenario.
Now, maybe it turns out to be false, but it's nothing like a conspiracy theory. |
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#1981 |
Penultimate Amazing
Join Date: Apr 2004
Posts: 25,277
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I like it. Seriously. That's cool. What's it from?
(I have a feeling I am demonstrating a lack of pop culture awareness, but them's the breaks. One of these days I'll get around to watching "Game of Thrones", too.) ETA: And of course, I should have just googled it. It's from Rick and Morty.......whatever that is. |
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#1982 |
Penultimate Amazing
Join Date: Aug 2008
Posts: 16,433
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He asked Russia to interfere on national TV. He said he'd take assistance again.
It isn't a question that he wanted and sought Russian help. He did, on camera, several times. End of. |
__________________
Circled nothing is still nothing. "Nothing will stop the U.S. from being a world leader, not even a handful of adults who want their kids to take science lessons from a book that mentions unicorns six times." -UNLoVedRebel Mumpsimus: a stubborn person who insists on making an error in spite of being shown that it is wrong |
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#1983 |
Penultimate Amazing
Join Date: Nov 2003
Location: Port Townsend, Washington
Posts: 31,066
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__________________
Cum catapultae proscribeantur tum soli proscripti catapultas habeant. |
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#1984 |
Evil Fokker
Join Date: Aug 2001
Posts: 13,178
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__________________
www.spectrum-scientifics.com <- My store of science toys, instruments and general fun! Thanks for helping me win Best Toys in Philly Voter in 2011,2012, and 2014! We won' be discussing the disappointment that was 2013. |
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#1985 |
Penultimate Amazing
Join Date: Mar 2016
Location: United States
Posts: 18,029
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#1986 |
Self Employed
Remittance Man Join Date: Nov 2009
Location: Florida
Posts: 30,693
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__________________
Yahtzee: "You're doing that thing again where when asked a question you just discuss the philosophy of the question instead of answering the bloody question." Gabriel: "Well yeah, you see..." Yahtzee: "No. When you are asked a Yes or No question the first word out of your mouth needs to be Yes or No. Only after that have you earned the right to elaborate." |
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#1987 | ||
Lackey
Administrator
Join Date: Aug 2001
Location: South East, UK
Posts: 97,096
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__________________
I wish I knew how to quit you |
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