#Bestof2021: To be continued: The Constitution and the Removal Debate. @RichardAEpstein (Originally posted October 21, 2021)
The John Batchelor Show
John Batchelor
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🗓️ 27 January 2023
⏱️ 17 minutes
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#Bestof2021: To be continued: The Constitution and the Removal Debate. @RichardAEpstein (Originally posted October 21, 2021)
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
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| 0:56.0 | And having to do with the powers of the executive, the executive itself, as these founders were debating what it is that they have created in their revolution, |
| 1:08.0 | revolt, civil disorder with Mother Britain. |
| 1:13.0 | We go to Article 2, Section 2 of the Constitution, which I learned from Richard Linking to an article by David Alvis and flag tailors about the removal of Congress. |
| 1:23.0 | The Constitution says, and he shall nominate the President and by and with the advice and consent of the Senate shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all the other officers of the United States, |
| 1:39.0 | whose appointments are not herein otherwise provided for, and which shall be established by law. |
| 1:45.0 | But the Congress may by law vests the appointment of such inferior officers as they think proper in the President alone in the courts of law or in the heads of department. |
| 1:55.0 | Article 2, Section 2 of the Constitution of the United States, Richard, these dry words begin a debate that we have all the way here to the 21st century and the power of the President. |
| 2:07.0 | Very good evening to you. |
| 2:09.0 | Yes, I mean, what you did was to read aloud an incredible mouthful that most people pointed very hard to understand. |
| 2:16.0 | So I am going to say at least for the beginning, try to break it down a little bit. |
| 2:20.0 | It turns out what the Constitution does, is it provides for what they call principal offices, and these individuals must be conferred by the Senate to take their position. |
| 2:31.0 | Everybody agrees that a principal officer includes all the members of the cabinet with whom the President starts to work. |
| 2:37.0 | Then there are people who are inferior officers, many of whom can be swung. |
| 2:41.0 | They could be done through Senate confirmation, or they could be done without it by giving the power to the President to appoint himself. |
| 2:48.0 | The removal debate only talked about it originally, a very small part of this complicated appointed structure. |
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