Free Republic

Can Congress create federal agencies with power to enforce the laws and prosecute crimes, but which agencies are outside the control of the President? In a 1935 decision called Humphrey’s Executor, the Supreme Court held that it could. I first wrote about this subject in a post back in December 2016 titled “Can The Separation Of Powers Of The Federal Government Be Righted?” December 2016 was immediatey after Donald Trump had first been elected President, but before he had taken office. The backdrop of the post was the issue of the extent to which the newly-elected President Trump would be...

The Supreme Court just handed President Trump one of his biggest wins yet that's already serving as the legal nuclear weapon that will obliterate the administrative state. In the decisive 6 to 3 ruling, the justices shattered nearly a century of protection that kept unelected bureaucrats safely beyond presidential reach. Now, what this means is that this isn't just another legal victory. It's basically the death certificate for the deep state's century long strangle hold on American government.

Back in November, I attended the annual convention of the Federalist Society in Washington. If you should want to understand the constitutional law issues confronting this country after a century of corruption of our institutions by the progressive movement, I would highly recommend that you start attending these annual events as well. Last November’s convention took place on the 14th to 16th of the month — in other words, just over a week after Donald Trump had been elected to serve another term as President. One of the panels that I attended on November 15th had the title “What Is...