I'm an electrical engineer. As someone that can release a product that works from day one, do I get to opine on this topic?
(Okay, I have an amateur radio license and have designed devices to be compliant with 47 CFR part 15, so theoretically I'm a little more versed in FCC operations, but this is all high-school level civics that seems to be actively unlearned by anyone with an MFA or any degree in journalism.)
Constitutionally, federal agencies have to be authorized by the legislative branch and executed by the executive branch. Federal agencies not only can't be truly independent, they're beholden to two separate branches of government, either of which can reduce their reach, and the judicial branch has oversight to ensure what they do is actually authorized.
They're not likely to rule any differently in this case, and except for actions that would otherwise be unconstitutional, none of these rulings prevent congress from creating regulations or authorizations allowing federal agencies to performing their respective overturned actions, it just prevents them from acting until congress has authorized them to do so.
Also, I'm convinced that the last case involved a violation of the third amendment, but no one seems to care about the third amendment.
But if the law says "this person can only be fired for cause", and the President is supposed to faithfully execute the law, shouldn't he only be able to fire the person for cause? Or what, the President can just choose parts of the laws he doesn't like anymore while operating the executive branch and yet still be found to faithfully be executing the law?
All the laws give limitations on what the executive is allowed to do. So this idea that its limiting the abilities of the executive and that's not allowable seems meaningless to me, that's what the laws are for. The laws are there to define how the executive is to act. The executive is then supposed to faithfully do those actions.
If the President has total control over the executive branch, why can't he just go tell the people in the executive branch to go do illegal things all the time? Is he just no longer bound to the law at all? If Congress says the executive needs to make a food stamp program, should he not be required to actually make one? If the Congress says dumping hazardous waste should be limited, should he not be required to actually regulate dumping? Wouldn't he fail at faithfully executing the laws?
You're as qualified to opine on legal matters as is a software engineer who works in biotech to opine on medicine. That is to say, a lot less than you think.
You're not Antonin Scalia, you didn't earn it- have some humility.
(Okay, I have an amateur radio license and have designed devices to be compliant with 47 CFR part 15, so theoretically I'm a little more versed in FCC operations, but this is all high-school level civics that seems to be actively unlearned by anyone with an MFA or any degree in journalism.)
Constitutionally, federal agencies have to be authorized by the legislative branch and executed by the executive branch. Federal agencies not only can't be truly independent, they're beholden to two separate branches of government, either of which can reduce their reach, and the judicial branch has oversight to ensure what they do is actually authorized.
Sure, the judicial branch has historically played extremely fast and loose with the constitution, e.g. by considering authority over "interstate commerce" to cover feeding your livestock with crops you grew (https://en.wikipedia.org/wiki/Wickard_v._Filburn), so plenty of blatantly unconstitutional rules have stood for extended periods of time, especially those growing the power of the executive branch, but more recently, the courts have been ruling to limit the power of the executive branch, for example preventing executive organizations from enforcing fines without authority (https://en.wikipedia.org/wiki/AMG_Capital_Management,_LLC_v....) operating without executive oversight (https://en.wikipedia.org/wiki/Seila_Law_LLC_v._Consumer_Fina...) and making up their own rules (https://en.wikipedia.org/wiki/Sackett_v._Environmental_Prote... and https://en.wikipedia.org/wiki/Loper_Bright_Enterprises_v._Ra...).
They're not likely to rule any differently in this case, and except for actions that would otherwise be unconstitutional, none of these rulings prevent congress from creating regulations or authorizations allowing federal agencies to performing their respective overturned actions, it just prevents them from acting until congress has authorized them to do so.
Also, I'm convinced that the last case involved a violation of the third amendment, but no one seems to care about the third amendment.