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Reply to "Stephen Miller "
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[quote=Anonymous][quote=Anonymous]"advice and consent of the senate" = not plenary[/quote] Also, when you look at Article II it really doesn't give the President much power at all. The Supremem Court case argued today is whether the President can fire whoever he wants (in this case FTC members). Article II says no, the original members of Congress and framers of the Constitution said no, and so has the Court for 90 years: Article II Section 2: .... "[The President] shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, 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 other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: [b]but[/b] the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments." The last clause makes the President just one option. Not plenary. And of couse, the very first Congress, the authors of the Constitution created an independent agency to pay the naiton's debts and provided for member of hte independnet agency that the President expressly did not have the authority to remove. From day one the Executvie powers were not plenary, but limited and tightly controlled by Congress.[/quote]
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