Frankly, the Constitution gives the President absolute power to create or abolish any departments of the government that fall under the executive, which is the vast majority of them (while funding them is the purview of Congress). But look up the question of whether the President can merely reorganize the executive branch departments and you will find a maze of ridiculous legalistic nonsense that claims the President can only do so under very limited circumstances, and only after jumping through numerous regulatory hoops and gaining the permission of dozens of his subordinates. What utter crap. Remember, “The executive Power shall be vested in a President of the United States of America.” Doesn’t say, “…in unelected bureaucrats”, doesn’t say, “…if the deep state approves”, and doesn’t say, “…if you’re not Donald Trump.”
Those rules, regs, and statutes exist, but they’re all completely unconstitutional to the extent that they in any way limit the authority of the President to exercise his executive power, which is absolute. Of course, probably 95% of the federal government as constituted today is unconstitutional. Just because weasel lawyers and activist judges have incrementally twisted the law and moved us far away from the original intent of the Constitution doesn’t change the fact that none of those contrivances can overrule the plain language of the supreme law of the land.
This Trump case would be a perfect opportunity to start hammering that point home. His attorneys should place a copy of the Constitution in front of every prosecution witness, and challenge them to point to where it gives anyone other than the President the authority to question or overrule ANY decision made, or action taken, by the President as it pertains to the organization or operation of the executive branch. They won’t find it.
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“place a copy of the Constitution...”
Article I, Section 8
The Congress shall have power...To make rules for the government...”