Humphries Executor Decision News Today

Its real important. that was a proposal to be considered. it was not a constitutional position. i did not take any constitutional position on the issues youre raising. i want to underscore that. if a constitutional question came to me, i would have an open mind and decide that. on your point -- >> but there isnt any clear text in the constitution that speaks to the question. so instead, these are your own recommendations based on your own views and experience. would that be a fair characterizati...

To apply it. it was applied by the majority opinion in the brown and williamson decision. its the godfather of the major rules or major questions doctrine. justice breyer wrote about it in the 1980s. the supreme court adopted that. the brown and williamson case applied it in the case you referenced, justice scalias opinion. what that opinion says is its okay for congress to delegate various matters to the executive agencies to do rules, but on major questions of major economic or social signific...

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...

Senator lee. scene y and you think a good judge would grant a continuance to somebody who just received 42,000 documents before the day of the start of a trial. >> sorry. thats a decision for the committee, and im not familiar with the circumstances of the document. on the solicitor general documents, i just want to say one thing. with chief justice roberts, it was not active cases. that was four years of his documentings fr documents from the time he was solicitor general, from 1989 to 1993. he...

That? and maybe thats why the president is so upset that he wasnt interviewed, because he might have had some answers and what his staff was trying to do is protect him. >> were going to go back to the hearing. senator klobuchar is asking questions right now. >> senator, im not going to take a position. thats, in my view, a decision for the committee in consultation or discussion with the executive branch -- >> so youre not going to say whether or not you have a problem with it? >> im not -- i d...

Data and the level of agreement? >> well, i think were trying hard to find common ground and to, as ive said before, hes a great judge, a great chief judge. hes very careful and very hard working. we work well together and try to read the statute as written, read the precedent as written. hes a judge who does not -- like i try to be as well, a judge whos not trying to impose any personal preferences on to the decision but take the law as written. thats what ive tried to do in those cases, and th...

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 ...

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