This is CBS I in the world. I'm John Batchel. Welcome Richard Epstein teaches law at NYU in the University of Chicago, writing for as a senior research fellow and for the Civitas Institute at the University of Texas. We're looking at Richard with irony.

But aware of selective originalism by Trump or anyone else.

This speaks to, in fact, an issue that Richard has talked about for some time,

which is independent boards as part of the U.S. government.

There are many of them.

And who has the authority to fire or hire in order to fire the leadership of an

independent board or the whole of the board? Richard, a very good evening to you. As you've

instructed me for some time, the history of this is unclear. What is the presenting issue right here in the 21st century? Good evening to you.

Yes. Well, I mean, there's been a long issue that's everywhere in the law, including ordinary

contracts. Somebody is hired to do a particular task, and there's always the question of whether

or not that person can be removed and if so by whom. And the two

general positions on this are first that the appointing party can remove it will the party they put

into place and get somebody else to take the job. And then the other position is that you could only

remove people for cause. That is to show that they've been derelict in some sense or neglectful of the duties that they have.

The great advantage of the act will standard is that it's easy to administer,

and it allows for decisive action in various cases.

The great advantage of the force-fors standard is that it prevents people from being subject to various kinds of vengeful acts

like people who don't agree with their policies but they've done nothing wrong. You look at the

general rule in private transactions, it's pretty clear that the rules that dominate are the

at-will rules because of the flexibility in those circumstances. The case, however, when you're

starting to deal with government officials is a little bit

different because government people have a kind of power that no market participant had.

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