I agree with John Yoo and Saikrishna Prakash; @RealDonaldTrump can fire Mueller, but he shouldn't; Trump should exercise prudence and restraint (and so should Mueller).https://twitter.com/nytopinion/status/984733157974069249 …
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Replying to @DavidLat @realDonaldTrump
I've never seen a satisfactory answer to the question of why the Founders included this clause: "he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Offices . . . ."
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I know Article II Section 1 forms the basis of a broad, unitary executive theory, but why did the Founders write in the next section laying out specific powers and responsibilities that they needed to ensure that presidents had the power to demand written advice from their
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cabinet officers? After all, Article II lays out very few specific powers. Why include this one? If it's so clear that the president has full power over the whole executive branch, why include a clause that says
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"the president doesn't have to plead with his cabinet members to get their advice; he can demand that advice." That clause seems much more in line with a cabinet-departments-as-independent-fiefdoms theory of the executive branch.
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Replying to @AdamShah1972 @realDonaldTrump
You are not alone; there are excellent minds & arguments on the other side of Yoo & Prakash; see, e.g.,
@Marty_Lederman (who wrote this post over at the excellent@just_security - http://bit.ly/2qtUfih ) &@DavidSug's (who tweeted at me earlier on this).1 reply 0 retweets 3 likes -
Replying to @DavidLat @realDonaldTrump and
Thank you for your response. The precedents cited are very interesting. But I still wish there were unitary executive debaters who talked about the written advice clause. (The clause is so obscure, I don't even know that it has a real name). That clause is part of a block quote
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Replying to @AdamShah1972 @DavidLat and
in Myers, but Taft does not talk about it.
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There's similar language about giving advice upon presidential request in the Judiciary Act of 1789; see FN 162 in this interesting paper by @rroiphe and Bruce Green - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3126856 …
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