Profile picture
, 3 tweets, 2 min read
The DOJ has asked SCOTUS to give the president unprecedented powers to fire independent agency heads.

But Ethan Leib & I note the Constitution's presidential duty of faithful execution, which empowers Congress to guard against presidential bad faith.
nytimes.com/2019/10/08/opi…
2/ This argument builds on our history of the faithful execution clauses by @andrewkent33, Leib, & me.

The history shows this phrase signaled duties of care, loyalty, good faith, as well as deference to the legislature - similar to fudiciary duties.
harvardlawreview.org/2019/06/faithf…
@andrewkent33 3/ We also cite @jdmortenson's outstanding recent article, "Article II Vests Executive Power, Not the Royal Prerogative." This thorough history indicates "executive power" requires more deference to Congress's choices, and not implicit royalist powers.
papers.ssrn.com/sol3/papers.cf…
Missing some Tweet in this thread? You can try to force a refresh.

Enjoying this thread?

Keep Current with Jed Shugerman

Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

Twitter may remove this content at anytime, convert it as a PDF, save and print for later use!

Try unrolling a thread yourself!

how to unroll video

1) Follow Thread Reader App on Twitter so you can easily mention us!

2) Go to a Twitter thread (series of Tweets by the same owner) and mention us with a keyword "unroll" @threadreaderapp unroll

You can practice here first or read more on our help page!

More from @jedshug see all

Profile picture
Jed Shugerman
@jedshug
At the Convention, George Mason (who introduced the term “high crimes and misdemeanors”) explained that a president should be impeached if he “procured his appointment” by corrupting the “electors."

And of course, this corruption would happen in an election year.
See @FOBowman3 excellent new book, "High Crimes and Misdemeanors" p. 304.
His history (unlike Yoo's magic projections) shows a list of reasons Founders would've cited for election-year high crimes.
Their paradigmatic high crime would be abuse of the office to get re-elected.
@FOBowman3 Gouverneur Morris was one of the Framers who wanted a powerful president.
But he also wanted impeachment as a check on such power for “treachery, corrupting his electors, and incapacity.”

***Corrupting electors.***
An election year offense.
Yoo is so wrong.
Read 4 tweets
Profile picture
Jed Shugerman
@jedshug
Polling solidifies at over 50% for impeach/removal.

Nixon context: House voted to start impeachment inquiry (giving Judiciary Committee subpoena power) in Feb 1974 when only 38% favored impeachment.

@ameliatd shows polling did not average over 50% until May/June 1974...
@ameliatd @ameliatd has helpful graphs, polling, and historical context here:
fivethirtyeight.com/features/it-to…
@ameliatd Key graph:
Read 3 tweets
Profile picture
Jed Shugerman
@jedshug
2-1 decision by DC Circuit to enforce House subpoena on Trump financial records.
After skimming, I find Judge Reo’s dissent reasonable: the House needs to invoke its impeachment powers for such a subpoena, not the legislative pretext.
It’s a warning that the House could lose 5-4.
1. Sorry. Rao, not Reo.

2. The full opinion linked here.

3. The easy solution is for the House (or committees, but arguably should be full House) to take a formal vote to start impeachment inquiry and re-issue subpoena w/o leg pretext. Problem solved.

I explained the legal significance of a formal impeachment inquiry to adequately and sincerely (in good faith) justify House subpoenas last summer:

Read 3 tweets

Related threads

Profile picture
Josh Blackman
@JoshMBlackman
⚖️ An Introduction to Constitutional Law: 100 #SCOTUS Cases Everyone Should Know
🖋️ By @RandyEBarnett & @JoshMBlackman
3️⃣ Plans:
1. 📺 Videos bit.ly/100CasesVideo
2. 🖥️ E-Book + 📺 Videos bit.ly/100CasesEbook
3. 📖 Paperback + 📺 Videos bit.ly/100CasesBook
#IntroConLaw
Part I | Foundational Cases on Constitutional Structure: Chisholm, Marbury, McCulloch, Gibbons, and Barron
🔗conlaw.us/cases/by-topic…
#IntroConLaw #SCOTUS
Part II | Enumerated Powers: Prigg, Dewitt, Hepburn, Knox, E.C. Knight, Champion, Hammer, Schechter, Jones & Laughlin, Darby, Wickard, Heart of Atlanta, McClung, Dole, Lopez, Morrison, Raich, and NFIB
🔗conlaw.us/cases/by-topic…
#IntroConLaw #SCOTUS
Read 72 tweets
Profile picture
Chris Geidner
@chrisgeidner
Oh! Really glad to see this being filed by @rcfp — and to see Nina's reporting on this.
Following up from Friday: Here are the @rcfp filings at #SCOTUS, seeking to intervene — scribd.com/document/41304… — and to unseal — scribd.com/document/41304… — documents filed in Christopher Lee Price's unsuccessful stay of execution application from late May.
Here's the #SCOTUS docket in Price's case, which details how the request to file the application and response under seal were granted by the court: supremecourt.gov/search.aspx?fi… [I'm not sure why the @rcfp filings still aren't reflected on the docket, but I have asked the court.]
Read 4 tweets
Profile picture
Josh Blackman
@JoshMBlackman
1/ Thread on Murphy v. Collier (Texas Buddhist execution case). The Court granted the stay on March 28. #SCOTUS
2/ At the time, J. Kavanaugh wrote a two-page concurrence to explain why he voted to stay the execution. J. Thomas and Gorsuch would have denied the stay, but did not explain their reasons.
3/ Monday yielded more developments in this month-old case. It is strange for a Justice to write a dissent to explain their decision a month earlier. It is even stranger for a Justice to respond to these late additions. Yet, this is precisely what happened.
Read 36 tweets
Profile picture
Josh Blackman
@JoshMBlackman
1/ My ConLaw exam last semester: Lincoln was impeached, and removed from office. He sued the Sec of Treasury in Court of Claims for his salary; Lincoln claimed that he did not violate the Constitution. That case was then appealed to #SCOTUS joshblackman.com/blog/2019/01/0…
2/ Lincoln asked #SCOTUS to decide if the Secretary properly withheld his salary. That question would turn on whether in fact Lincoln committed high crimes or misdemeanors. I concocted this fact pattern as one way the Court could be asked to review an impeachment proceeding.
3/ I deliberately ask students to answer questions at some time in the past, unencumbered by current #SCOTUS precedent. Here, students have to assess the question as a matter of first principles.
Read 3 tweets
Profile picture
Josh Blackman
@JoshMBlackman
1/ In Preap, J. Kavanaugh stressed that "the strict 1996 illegal-immigration law" was "signed by President Clinton." The implication is that even a Democratic President favored a strict immigration law. Why make this political point in an opinion? #SCOTUS
2/ In contrast, CJ Roberts's Windsor dissent did not name the "President who signed" DOMA. That is, a Democratic President--Clinton--who prohibited the federal recognition of same-sex marriage. #SCOTUS
3/ Scholars make this point all the time. For example, when discussing Hobby Lobby, I note that then-Rep. Schumer sponsored RFRA, and Pres. Clinton signed it into law. Judges should not make this sort of point. #SCOTUS
Read 18 tweets
Profile picture
Chris Geidner
@chrisgeidner
JUST IN: DOJ will ask #SCOTUS to directly review court ruling that bars the Trump admin from asking a citizenship questionnaire on the Census, passing over the 2nd Circuit. documentcloud.org/documents/5691…
Unlike past instances where DOJ asked SCOTUS to act before appeals court rulings, DOJ is able to make a pretty strong argument for why they're going to be asking the justices to do so here:
DOJ is going to propose hearing the case in April — or May, which would be unusual:
Read 5 tweets

Trending hashtags

#MAGA #SpecialCounsel #DOJ #Lerner #UnitedNotDivided #BurlingtonCollege #Congress #SyriaStrikes #HollyPaz #Rothschild #DOD #SCOTUS #Trump #PIAs #Horowitz #ClintonCartel #TheQ #News #SCOUTS #SteeleDossier #Congratulations #HYPOCRITE #TillmanPage #PatriotAct #ObstructionCon
Follow Us on Twitter!

Did Thread Reader help you today?

Support us! We are indie developers!

This site is made by just three indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3.00/month or $30.00/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!