[Congressman Billybob]

You are just plain wrong.

Part of the evidence in the case is the official appointment of Victoria Wilson to the Commission by Clinton (him). Since he appointed her to the remainder of the term of Judge Higgenbothem (sp?) who had died, the notice of her appointment said in plain English that it expired on "November 29, 2001."

I expect that I will be asked to write a wire-service story on this case and its chances on appeal. As soon as I get the full decision in my hands (in about 12 hours), I will zero in on what the trial judge did with this evidence. Either she ducked it and didn't mention it at all, or she offered some lame explanation to knock it out.

It is black letter law that no agent can have any more authority than is granted by his/her principal. So, Wilson cannot have a longer term than Clinton gave her. It's as simple as that.

People can discuss things on FreeRepublic until they turn blue in the face, but the law is the law. As soon as this case is in the hands of judges who believe in following the law, it will be reversed. That means in the Cicuit Court (unless the panel chosen at random contains two or more Clinton appointees). It certainly means the Supreme Court, since at least a majority of that Court DO believe in obeying the law.

You are well beyond your depth here to claim that this decision will stand on appeal. It will not. Regardless of what you or anyone else says on FreeRepublic.

Congressman Billybob

[Elkiejg]

Billybob: What are the real chances of getting the commission disbanded? Can a grassroots movement help? Does it take a vote by the just the House or by House and Senate? Does the President have any power to disband? I ask that knowing that if he did, there would be a storm of protest.

Some reasons for disbanding (I'm trying to be rational about it!!):

1. Commission has served it's original purpose.

2. In an effort to trim excess from the federal budget, their 9 million could be better spent (love that one).

3. Commission is no longer serving the people, but has become an activists panel (like that one too).

4. Ms. Berry has overstepped her authority (like that one too).

Your thoughts? I'll be more than happy to start a campaign if you think it will work.

[Fury]

It is black letter law that no agent can have any more authority than is granted by his/her principal. So, Wilson cannot have a longer term than Clinton gave her. It's as simple as that.

Great point and a good example of why the ruling yesterday turns the spirit and intent of the matter at hand on its' head...

[VRWC_minion]

I think you will find that the judge reasoned that Clinton did not have the authority to make an appointment of a period of time less than the full term, no matter what he wrote. According to the law that would be a proper interpretation.

The reasoning error you are making is that the president can change the law by appointing someone for a lesser or greater term when the statute doesn't give him that authority. For your interpretation to work the statute would have to give the president discretion over the period of time for the appointment which the instant case does not.

Face it. Congress screwed up. Either we remedy screw ups legislatively or we let activist judges decide what was meant. I happen to be in the camp that says we must go with the law as written.