Opinion | Trump’s Appointment of the Acting Attorney General Is Unconstitutional - The New York Times


19 bookmarks. First posted by aebraddy 11 days ago.


Explains unconstitutionality of Whitaker appointment by digging into Appointments clause. Specifically looking at what a principal officer is and the required Senate confirmation it entails
article  politics  neal-katyal 
9 days ago by cldwalker
If you don’t believe us, then take it from Supreme Court Justice Clarence Thomas, whom Mr. Trump once called his “favorite” sitting justice. Last year, the Supreme Court examined the question of whether the general counsel of the National Labor Relations Board had been lawfully appointed to his job without Senate confirmation. The Supreme Court held the appointment invalid on a statutory ground.

Justice Thomas agreed with the judgment, but wrote separately to emphasize that even if the statute had allowed the appointment, the Constitution’s Appointments Clause would not have. The officer in question was a principal officer, he concluded. And the public interest protected by the Appointments Clause was a critical one: The Constitution’s drafters, Justice Thomas argued, “recognized the serious risk for abuse and corruption posed by permitting one person to fill every office in the government.” Which is why, he pointed out, the framers provided for advice and consent of the Senate.
law  politics 
10 days ago by sandykoe
RT : Relative to this:
from twitter
10 days ago by AramZS
The president is evading the requirement to seek the Senate’s advice and consent for the nation’s chief law enforcement officer and the person who will oversee the Mueller investigation.
1 
10 days ago by noiseguy
The president is evading the requirement to seek the Senate’s advice and consent for the nation’s chief law enforcement officer and the person who will oversee the Mueller investigation.
law  politics 
11 days ago by jellis
RT : Trump’s Appointment of the Acting Attorney General Is Unconstitutional
from twitter
11 days ago by willwilkinson
Favorite tweet: ericgeller

Also, some of the country's most distinguished legal scholars say that Whitaker is serving unconstitutionally (e.g. https://t.co/k3IEJGHFq9), so...you know. Extremely normal government.

— Eric Geller (@ericgeller) November 8, 2018

http://twitter.com/ericgeller/status/1060660391255175169
IFTTT  twitter  favorite 
11 days ago by tswaterman
“Constitutionally, Matthew Whitaker is a nobody.”
from twitter_favs
11 days ago by kohlmannj
Trump’s Appointment of the Acting Attorney General Is Unconstitutional The president is evading the requirement to seek the Senate’s advice and consent for the…
from instapaper
11 days ago by wahoo5
Well, you want to READ THIS.
Trump’s Appointment of the Acting Attorney General Is Unconstitutional
from twitter_favs
11 days ago by DocDre
So...how's things in the Conway house?
from twitter_favs
11 days ago by jfield
Interesting argument that Whitaker must be approved by the Senate before he can legally act as Attorney General
politics  trump  whitaker 
11 days ago by nelson