This page is a permanent link to the reply below and its nested replies. See all post replies »
DeWayfarer · 61-69, M
While I do like Obama, in all truth though, in order to codifying the attorney general not doing what the president says would require a constitutional amendment.
Any supreme Court would overrule such a congressional law. It's that simple. This supreme Court has already proven that.
Any supreme Court would overrule such a congressional law. It's that simple. This supreme Court has already proven that.
markinkansas · 61-69, M
@DeWayfarer with the right people in the right spot you can do what ya want.. a lot needs to change . grin
DeWayfarer · 61-69, M
@markinkansas I will give what GTP 5.0 says on this, if it should make any difference. Which I'm certain most will object to.
You’re essentially right: removing presidential control over the attorney general in a lasting, constitutionally secure way would likely require a constitutional amendment.
Brief points:
The Constitution vests executive power in the President and establishes appointment/removal powers; Congress can regulate some aspects of offices but cannot contravene core separation-of-powers principles without risking a constitutional challenge.
A statute attempting to strip the President of effective control over a principal officer (like the AG) would likely face Supreme Court review; recent decisions have shown the Court will enforce limits on congressional limits that meaningfully impede presidential control.
Therefore, a durable change to that relationship would most securely be made by amending the Constitution rather than by ordinary legislation.
Brief points:
The Constitution vests executive power in the President and establishes appointment/removal powers; Congress can regulate some aspects of offices but cannot contravene core separation-of-powers principles without risking a constitutional challenge.
A statute attempting to strip the President of effective control over a principal officer (like the AG) would likely face Supreme Court review; recent decisions have shown the Court will enforce limits on congressional limits that meaningfully impede presidential control.
Therefore, a durable change to that relationship would most securely be made by amending the Constitution rather than by ordinary legislation.




