President must be able to determine if has been met “for cause” If their superior must SATPOP “for cause” inferior, Policy Accountability is the overriding concern – President be responsible for people he control can’t can’t Political accountability Congress could incompetent people to the President “fasten” Efficiency President must be able to manage efficiently – Dispersion of responsibility? Interfering or impeding the chain of command? President removes postmaster general cause he was a dick Meyers v. US – Note: Inferior officers or employees need not be SATPOP FTC commissioner independent officials v. US Humphrey’s Executor – Insulation for quasi-judicial officials Independent counsel can only be fired by AG for cause Morrison v. Olson – Insulation if it does not unduly interfere with the President Presidential Control of Interpretation through Executive Orders/Directives START WITH Z1, TRY Z3, KICK TO Z2 Youngstown Sheet & Tube v. Sawyer – Rule President can only issue an order when he is able to indicate a law he is – executing Analysis President must have the power to do what doing he’s President must be exercising an Art.II/§2 power Require written opinions of principal officers Treaties Commander/diplomat in chief Appointments SC Justices, Non-inferior WACOS, or vested from – senate Grant pardons outside of impeachment Power to regulate persons/property must generally come from the statute vs. implied delegation by ambiguity or influence Expresio unius through SATPOPs from Art.II/§3 Take care the laws are faithfully executed Determine if agency decision is consistent w/ statute overrule? of Twilight zone “Gloss history” – Zone 1 Express/implied authorization President is executing the statute – Is this limited by non-delegation? Is President acting in line with the statute? (i.e. if the agency did the same shit would it be ok?) Presidential deference (Interpretation of regulation) Auer Presidential deference (Interpretation of statute) Chevron direction of discretion (President forcing an agency to act – subject to the statute’s limitations) Policy Effective government
President must be able to determine if “for cause” has been met If “for cause” inferior, their superior must SATPOP Policy – Accountability is the overriding concern President can’t be responsible for people he can’t control Political accountability Congress could “fasten” incompetent people to the President Efficiency – President must be able to manage efficiently Dispersion of responsibility? Interfering or impeding the chain of command? Meyers v. US – President removes postmaster general cause he was a dick Note: Inferior officers or employees need not be SATPOP Humphrey’s Executor v. US – FTC commissioner independent officials Insulation for quasi-judicial officials Morrison v. Olson – Independent counsel can only be fired by AG for cause Insulation if it does not unduly interfere with the President Presidential Control of Interpretation through Executive Orders/Directives Youngstown Sheet & Tube v. Sawyer – START WITH Z1, TRY Z3, KICK TO Z2 Rule – President can only issue an order when he is able to indicate a law he is executing Analysis President must have the power to do what he’s doing President must be exercising an Art.II/§2 power Require written opinions of principal officers Treaties Commander/diplomat in chief Appointments – SC Justices, Non-inferior WACOS, or vested from senate Grant pardons outside of impeachment Power to regulate persons/property must generally come from the statute Expresio unius vs. implied delegation by ambiguity or influence through SATPOPs from Art.II/§3 Take care the laws are faithfully executed Determine if agency decision is consistent w/ statute overrule? “Gloss of history” – Twilight zone Zone 1 – Express/implied authorization President is executing the statute Is this limited by non-delegation? Is President acting in line with the statute? (i.e. if the agency did the same shit would it be ok?) Presidential Auer deference (Interpretation of regulation) Presidential Chevron deference (Interpretation of statute) direction of discretion (President forcing an agency to act – subject to the statute’s limitations) Policy Effective government
Admin%20Hills%20Spring%202012.docx