Humphries Executor Decision News Today : Breaking News, Live Updates & Top Stories | Vimarsana

It's 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 you're 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 isn't 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 characterization? >> but there are two different things going on. the one is about special counsel investigatio...

To apply it. it was applied by the majority opinion in the brown and williamson decision. it's 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 scalia's opinion. what that opinion says is it's okay for congress to delegate various matters to the executive agencies to do rules, but on major questions of major economic or social significance, we expect congress to speak clearly before such a delegation. that had not happened, in my ...

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 humphries case that was 80 years ago was correctly decided. >> it's a precedent of the supreme court, and...

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. that's a decision for the committee, and i'm 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's nominated in 2005. it's my understanding those documents -- so my only point is it's not a new ...

That? and maybe that's why the president is so upset that he wasn't interviewed, because he might have had some answers and what his staff was trying to do is protect him. >> we're going to go back to the hearing. senator klobuchar is asking questions right now. >> senator, i'm not going to take a position. that's, in my view, a decision for the committee in consultation or discussion with the executive branch -- >> so you're not going to say whether or not you have a problem with it? >> i'm not -- i don't think it's my role to say one way or another, at least as i analyze the current situatio...