I suspect you'd be hard pressed to find support for the idea that it is, ought to be, or even can be (truly) 'separate' in the Constitution.
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Replying to @soncharm @katzatlarge and
Oof Nixon sure pushed those boundaries. That would certainly be a HUGE constitutional question
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Replying to @JPoBTV @katzatlarge and
How? The Justice Department (which was created in the 1800s IIRC) is clearly just a part of the executive branch.
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Replying to @soncharm @katzatlarge and
AND kept shielded from POTUS in order to limit influence of politics, corruption, or otherwise.
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Replying to @JPoBTV @katzatlarge and
That may be (probably is) a 'Good Idea' & 'best-practices', for a number of reasons. Nevertheless. It's a part of the executive branch.
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Replying to @soncharm @katzatlarge and
Look at it this way: if it's REALLY 'separate', then the Executive Branch somehow invented & empowered a new independent branch of gov't.
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Replying to @soncharm @katzatlarge and
If violated, SCOTUS would certainly rule on this.
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Replying to @JPoBTV @katzatlarge and
Would/could SCOTUS say 'you don't have the right to wield control over a portion of the executive branch'? Based on what?
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Replying to @soncharm @katzatlarge and
Is it the SCOTUS's role and mandate to making rulings based on 'norms'? Or is there some sort of written document they're supposed to use?
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Replying to @soncharm @katzatlarge and
Again, not speaking on how they would rule, simply stating that it would certainly come in front of them
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You'd be outraged about the violation of separation of powers if the Judicial Branch dictated how the Executive branch should be run, right?
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Replying to @CovfefeAnon @soncharm and
Well considering thats part of the checks and balances part of the constitution, no? The judicial branch is not the DOJ.
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"Checks and balances" requires the Judicial Branch to approve how the head of the Executive Branch runs the executive branch - makes sense
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