@Profepps By that logic, why is it const'l to allow Chief Justice to choose the FISA judges? If President doesn't have to, can't Congress?
Proposal to allow Congress to choose FISA Court judges. Problem: Art. 2 § 2 cl. 2. Won’t work. #americanepic http://tinyurl.com/na97rbp
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@steve_vladeck Read Art 2! Cong can vest appt in "inferior Officers ...President alone, Courts of Law" or Cab. Not itself. Not logic, text. -
@Profepps And "heads of Departments." Isn't there some question whether Congress is a "department" since it appoints its own "officers"? -
@steve_vladeck Steve, let's not play word games. Departments is used in Art. 2 to indicate executive branch offices. -
@Profepps@steve_vladeck There's an absolutely insane argument that the CJ can't exercise this authority alone http://joshblackman.com/blog/2013/07/26/a-challenge-to-the-chief-justices-sole-appointment-power-of-judges-to-the-fisa-court/ … -
@JoshMBlackman@steve_vladeck far-fetched since CJ is only judge mandated by Const, he himself could be "courts of law"
End of conversation
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