bripat9643
Diamond Member
- Apr 1, 2011
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there are court rulings interpreting the constitution on itIt says nothing of the sort, dingbat:the constitution actually says ONLY a senate confirmed appointment can sit in a Cabinet officer's position, who reports only to the President, with no other boss above them...Show us where the Constitution says that.The Attorney General is one of the positions that require Senate confirmation.Total bullshit. There is no law that says the President can't fire his attorney general if the President was "abusing his power." How would that even be defined?
You're just making stuff up, as always. The only thing that prevents the President from firing his AG is political pressure.
The president can't do whatever he wants, but firing his AG and issuing pardons to anyone he wants for any reason is well within his constitutional authority.
If there's any "lawlessness" currently going on within our government, it's all in the Special Councel's office.
An "interim" appointment can be made but firing a confirmed appointee in order to appoint an "indefinite interim" appointment is unconstitutional
... and [the President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
read this Justice Thomas piece on it, separating principle officers from inferior officers
Start reading at page 25 of the pdf court document
https://www.law.cornell.edu/supct/pdf/15-1251.pdf
also, it is working its way up through the courts now on Whitaker, the Supreme court will make the final decision
and this opinion piece explains some of what Justice Thomas was saying
Opinion | Trump’s Appointment of the Acting Attorney General Is Unconstitutional
The Federal Vacancies Reform Act of 1998 (FVRA), 5 U. S. C. §3345 et seq., is the latest version of that authorization. Section 3345(a) of the FVRA authorizes three classes of Government officials to become acting officers. The general rule is that the first assistant to a vacant office shall become the acting officer. The President may override that default rule by directing either a person serving in a different PAS office or a senior employee within the relevant agency to become the acting officer instead.
The FVRA, however, prohibits certain persons from serving as acting officers if the President has nominated them to fill the vacant office permanently. The question
presented is whether that limitation applies only to first assistants who have automatically assumed acting duties, or whether it also applies to PAS officers and senior em-
ployees serving as acting officers at the President’s behest. We hold that it applies to all three categories of acting officers.
The FVRA, however, prohibits certain persons from serving as acting officers if the President has nominated them to fill the vacant office permanently. The question
presented is whether that limitation applies only to first assistants who have automatically assumed acting duties, or whether it also applies to PAS officers and senior em-
ployees serving as acting officers at the President’s behest. We hold that it applies to all three categories of acting officers.
Notice the sentence in bold. That's exactly what Trump is doing. Case closed.