The DOJ has asked SCOTUS to give the president unprecedented powers to fire independent agency heads (like the heads of the Fed, the CFPB, the Federal Trade Commission, the Nuclear Regulatory Commission…).
But in the
New York Times,
Ethan Leib & I argue that the Constitution’s presidential duty of faithful execution empowers Congress to guard against presidential bad faith….
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Author: Jed Shugerman
Legal historian at Fordham Law School, teaching Torts, Administrative Law, and Constitutional History. JD/PhD in History, Yale. Red Sox and Celtics fan, youth soccer coach. Author of "The People's Courts: Pursuing Judicial Independence in America" (2012) on the rise of judicial elections in America. I filed an amicus brief in the Emoluments litigation against Trump along with a great team of historians. I'm working on "The Rise of the Prosecutor Politicians," a history of prosecutors and political ambition (a cause of mass incarceration), and "The Imaginary Unitary Executive," on the myths and history of presidential power in America.
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