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The John Batchelor Show

#Bestof2021: The Removal debate. @RichardAEpstein @HooverInst

The John Batchelor Show

John Batchelor

Society & Culture, Arts, News, Books

4.52.8K Ratings

🗓️ 8 October 2023

⏱️ 16 minutes

🧾️ Download transcript

Summary

#Bestof2021: The Removal debate. @RichardAEpstein @HooverInst

https://www.hoover.org/research/bidens-latest-firings-are-unjustified


"At this point, it is important to address the possible constitutional provisions that might give the president the power to dismiss individuals at will. That discussion begins with the so-called Appointments Clause in Article II, which applies to two kinds of public officers. First are principal officers of the United States, including cabinet secretaries, ambassadors, Supreme Court justices, and most other federal judges. Their appointments require Senate confirmation. The secondary category includes so-called “inferior officers,” over whom Congress has discretion to insist on Senate confirmation or, alternatively, to allow these appointments to be made without Senate confirmation by the president, the judiciary, or the heads of departments." —Richard A Epstein

1883 the Clevelands

Transcript

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0:00.0

This is CBS, Sign In The World, I'm John Batchler.

0:07.4

I welcome Professor Richard Epstein, a senior fellow at the Hoover Institution, teaches

0:11.4

law at NYU in the University of Chicago.

0:14.2

And we immediately get in our time machine and go to 1789, the early hours of the American

0:20.3

Republican experiment.

0:22.3

We're looking at the removal debate of 1789 having to do with the powers of the executive,

0:28.3

the executive itself, as these founders were debating what it is that they have created

0:35.5

in their revolution, a revolt, civil disorder with Mother Britain.

0:42.6

We go to Article II, Section II of the Constitution, which I learned from Richard linking to an article

0:47.4

by David Alvis and flag tailors about the removal of Congress, the Constitution says.

0:55.1

And he shall nominate the President and by and with the advice and consent of the Senate,

1:00.7

shall appoint ambassadors, other public ministers and councils, judges of the Supreme Court,

1:06.1

and all the other officers of the United States, whose appointments are not herein otherwise

1:10.9

provided for, and which shall be established by law.

1:14.6

But the Congress may by law vests the appointment of such inferior officers as they think proper

1:20.1

in the President alone in the courts of law or in the heads of department.

1:25.0

Section II of the Constitution of the United States, Richard, these dry words begin a debate

1:31.6

that we have all the way here to the 21st century and the power of the President, very good

1:37.2

evening to you.

1:38.2

Yes.

1:39.2

I mean, what you did was to read aloud an incredible mouthful that most people pointed very hard

1:45.0

to understand.

...

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