…there are only 2 sources of #authority for the use of force abroad – the #Constitution & congressional authorizations for the use of military force (#AUMF). …There is no existing AUMF that would authorize the President to use force against #Iran. Second, under the #ExecutiveBranch’s own interpretation of #ArticleII of the Constitution, which has become much broader in recent decades & is not necessarily shared by #Congress or the #courts,

#Trump #law #MiddleEast #USpol

#SCOTUS in recent decades narrowed the reach of Humphrey's Executor but stopped short of overruling it. In a 2020 ruling that upheld Humphrey's, it said #ArticleII gives the president the general power to remove heads of agencies at will, but that the Humphrey's Executor decision had carved out an exception that allowed for-cause removal protections for *certain multi-member, expert agencies*.

[2020 case was Seila Law LLC v CFPB. The June 29, 2020 decision was 5–4]

#law #ActivistCourt #Trump

The #Constitution set up a #SeparationOfPowers among the federal government's #coequal #executive, #legislative & #judicial branches.

Proponents of a *conservative* legal doctrine called the "#UnitaryExecutive" theory that envisions vast executive authority for a president portray Humphrey's as wrongly decided. They argue that #ArticleII gives a president sole authority over the executive branch, including the power to fire heads of #independent agencies despite protections under #law.

#Trump

But legal scholars who found the rationales unconvincing said there is no principled reason for treating the #Fed differently than the #labor boards under a series of #SCOTUS rulings that have upheld for-cause protections for agencies.

"If the court carves out a special exception for the #FederalReserve, it will appear that the justices are not applying #ArticleII but legislating from the bench & substituting their personal policy preferences," said Christine Chabot.

#Trump #ActivistCourt #law