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Detailed text transcripts for TV channel - FOXNEWS - 20180906:20:55:00

And in the supreme court now about certain applications of the nondelegation document. but congress can delegate probably. there are limits. it has to be an intelligible principle. that is the praise that the supreme court has used. now, what that means in practice has been decided under a series of cases applying the principle over time, built on one another, and that is what the court applies to figure out, whether a delegation has gone too far. this brings in the issue of independent agencies as well. i know you have talked about that a lot as well. humphrey s executor is the case that sets the standard, correct? as to what is an appropriately constitutional created independent agency? that is correct. the 1935 decision upheld where the heads of the agency s ....

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Detailed text transcripts for TV channel - FOXNEWS - 20180906:16:42:00

Distinct system, appointed by the attorney general. morrison has nothing to do that. that dealt with the old independent counsel. it expired in 1999 under overwhelming consensus of that statute being inappropriate, unrestrained, unaccountable, as he said. secondly, morrison, that has not affected the precedent of the executor. humphrey s executor allows independent agencies, those regulatory agencies continue to exist, of course. so on the independent agency side, those are unaffected. on the special counsel side, that s unaffected. you mentioned the see if pp case. my decision in that case would have allowed that agency to continue operating and performing its important ....

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Detailed text transcripts for TV channel - FOXNEWS - 20180905:20:31:00

Settled. you know if we overturned it, it would mean the elimination of independent agencies. why did you go there? why did you have that conversation if this long-settled case is well-reasoned? what i said in the phh case is that humphries executor is the precedent. i ve applied it dozens of times. what concerns me constitutionally as a judge in the phh case is that the cfpb did not follow the traditional model of independent agencies and therefore departed from this traditional exception one might say to the idea that a single president controls the executive branch. i explained that, that the having one head of an independent agency both diminished presidential authority more than humphries executor and pose add serious threat to individual liberty and was a departure from a ....

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Detailed text transcripts for TV channel - FOXNEWS - 20180905:20:32:00

Historical practice, which under the supreme court s precedence makes a big difference, as you know, of course. so i referred that s why i concluded in the cfpb that the bureau was unconstitutionally structured. the remedy was not to get rid of the agency. the remedy was to make the person removable at will. so humphries executor was about whether or not the ftc head could be removable at will or have a good cause removal protection. right. president roosevelt wanted to fire humphrey, who was a republican will you state that it s well-reasoned, well-decided long settled law? i ll say it s an important precedent of the supreme court that i have applied many times it s troubling that you can t say that humphries executor was well-decided. i ll follow what the eight nominees marbury versus madison. of course. ....

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Detailed text transcripts for TV channel - FOXNEWS - 20180905:20:23:00

Of independent agencies general. the humphries executor [protesting in the background]. i think she s referring there i read her as referring to independent agencies are traditional and permissible. the independent counsel statute is different from the independent agencies that existed with the federal trade commission securities and exchange commission. i did not real her old article to in any way let s put it this way. justice kagan may have complimented scalia s dissent. you criticized the independent counsel statute as a travesty. i m trying to get to the bottom of why you held that view and said it in a speech two years on. olson, was a one-off case about a one-off statute that has not existed in 20 years. the statue is gone. the case as justin kagan i ....

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