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June 18, 2024
Candidates, nominees from president republican president s have learned a lot about how to deal with the hearings. When you heard kavanaugh say as he did, talking about the parties to the case that theyre Flesh And Blood Human Beings and we need to have empathy for them and real world consequences of the court are very important. As a political matter, great stuff. A legal matter, its nonsense. Were youre an Appellate Judge and an issue comes before you, the issue is not the parties. Youre to re...
September 5, 2018
Fourth branch of our government and that they, quote, pose a significant threat to individual liberty, unquote. so does it follow that you think that other independent agencies are also constitutionally suspect? >> so the supreme court is, of course, upheld since 1935 humphries executor decision that the concept and practice of independent agencies. on the cfpb decision, the structure of that agency deviated from the traditional historical practice of independent agencies. >> you think the humph...
September 5, 2018
Government is most peoples interaction with government. and federalism in that sense assures accountability because you know better usually the local and state elected officials than you do -- and therefore make the views known on whatever governmental issues is of concern to you. for example, the schools is a classic one. >> so what is the importance and the relevance of the tenth amendment? >> the tenth amendment protects federalism in the sense of ensuring that the states have independent sov...
September 5, 2018
Branch of our government and they pose a threat to civil liberty. so as a follow, do you think the other independent agencies are constitutionally suspect? >> the supreme court is obvious upheld since 1935 humphries executive decision that the concept and practice of independent agencies. on the cfpb decision, the structure of that agency deviated from the traditional historical practice of independent -- >> you think the humphries case of 80 years ago is correctly decided? >> its a precedent of...
September 5, 2018
Was, was the structure with the single member head, which had never been tdone before for an independent agency of that kind. my remedy would not have been to invalidate the agency but to make that person removable at will and you could have amended the statute. >> it also concerns me because other agencies like, say, the social security administration, which you note in the dissent, in the opinion, they are also just headed up by one person, right? so then does it follow that that agency as wel...
September 5, 2018
The consumer financial protection bureau pose a significant threat to individual liberty, end quote. so does it follow that you think that other independent agencies are also constitutionally suspect? >> the supreme court has of course upheld since 1935 humphries executor decision, the practice of independent agencies. on the cfpb decision, the structure of that agency deviated from the traditional historical practice of independent agencies. >> you think the humphries that was 80 years ago was ...