@Setanta,
Setanta wrote:Apples to Oranges--the constitution vests the power to create an regulate executive branch offices, and to appoint the lesser officers in Congress.
Congress' power to create executive offices and agencies does not change the reality that the President has total power to command those offices and agencies.
Where does the Constitution give Congress the power to
regulate offices of the executive branch?
Congress has power over the funding of executive agencies, but that is no particular authorization to regulate those agencies, and certainly not a power to prevent the President from firing executive officials.
Setanta wrote:In fact, the contemporary activist, conservative court has recently determined that the executive power of the President can be limited, and specifically in cases in which the President fires a lesser officer.
The contemporary court is hardly activist.
There is a difference between limits on executive power and the fact that 100% of what executive power does exist, is held by the President alone.
I'm not sure what case by the contemporary court you are referring to, so cannot comment further.
Setanta wrote:This goes back to FDR in 1933--see Humphrey’s Executor v. United States.
That dealt with the President's ability to fire judicial and legislative officials. It does not change the reality that the President has absolute power to fire executive officers.
Setanta wrote:It goes back even further than that, though, to 1867 when Andrew Johnson attempted to fire Stanton, the secretary of war--but the Court upheld the tenure of office act.
A clearly unconstitutional law.
The court upheld it? Meaning the Supreme Court? Cite?
Setanta wrote:In fact, were Congress not spineless, they could have prevented the firing of Comey.
The only way they could prevent such a thing would be to refuse to pass legislation or authorize funding until Trump agreed to keep Comey on.
Had Trump been content with their refusal to pass legislation or authorize funding, they could not have done anything further to force him to keep Comey on.
Setanta wrote:Don't tell me what is usual on-line,
If you complain about a lack of my cites when no one has requested any cites from me, it is reasonable for me to point out that cites are usually provided only after they are asked for.
Setanta wrote:I have no respect for your intelligence, your knowledge nor you grasp on reality.
Your lack of respect for people who are smarter and more knowledgeable than you are leads to situations where you get proven wrong over and over again.
Setanta wrote:If you're going to shoot your mouth off about the constitution, you need to read and understand the document first; then you need to read and understand the history of judicial review.
Fear not. I have all of that well in hand.
Setanta wrote:You clearly do not understand any of those things.
No, I understand all of that quite well. That is why you will once again fail to show any facts that I am wrong about.