Editing Constitutional Law Paulsen/3rd ed. Outline
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|PrecedenceIs it an inferior or principal officer? | |PrecedenceIs it an inferior or principal officer? | ||
|'''Rehnquist''' | |'''Rehnquist'''Buckley v. Valeo (1976) allows Cong to give appointment power to Jud or Pres for inferior officers. Independent council is an “inferior officer.”Why?A) Subject to removal by higher Exec officials. Implied inferiority.B) Limited tenure, jurisdiction,and duties. (US v. Germaine) | ||
|'''Scalia'''But good cause restricts AG power.A) Not inferior. Not subordinate to AG or Pres. Truly ''independent''. More difficult to remove her than principal exec officer.B) Disagree w/ reasons:-Limited duties just to AG policy, but only so long as possible. So essentially freedom.-Limited juris.-Limited tenure, but only when she decides her job is done. | |'''Scalia'''But good cause restricts AG power.A) Not inferior. Not subordinate to AG or Pres. Truly ''independent''. More difficult to remove her than principal exec officer.B) Disagree w/ reasons:-Limited duties just to AG policy, but only so long as possible. So essentially freedom.-Limited juris.-Limited tenure, but only when she decides her job is done. | ||
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=='''Foreign Affairs and War Powers'''''' '''== | =='''Foreign Affairs and War Powers'''''' '''== | ||
===Foreign Affairs=== | ===Foreign Affairs=== |