Sunday, October 04, 2020 3:28:49 PM
"RPS is right, Multi member federal agencies ARE allowed under USSCT precedent."
Once again here are the excerpts from SCOTUS seila law vs CFPB ruling. It is very easy to read and understand.
https://www.supremecourt.gov/opinions/19pdf/19-7_new_bq7d.pdf
page 2:
Free Enterprise Fund left in place only two exceptions to the President’s unrestricted removal power. First, Humphrey’s Executor permitted Congress to give for-cause removal protection to a multimember body of experts who were balanced along partisan lines, appointed to staggered terms, performed only “quasi-legislative” and “quasi-judicial functions,” and were said not to exercise any executive power.
Second, Morrison approved for-cause removal protection for an inferior officer—the independent counsel—who had limited duties and no policymaking or administrative authority. Pp. 11–16.
Page 16:
These two exceptions—one for multimember expert agencies that do not wield substantial executive power, and one for inferior officers with limited duties and no policymaking or administrative authority—“represent what up to now have been the outermost constitutional limits of permissible congressional restrictions on the President’s removal power.”
Once again here are the excerpts from SCOTUS seila law vs CFPB ruling. It is very easy to read and understand.
https://www.supremecourt.gov/opinions/19pdf/19-7_new_bq7d.pdf
page 2:
Free Enterprise Fund left in place only two exceptions to the President’s unrestricted removal power. First, Humphrey’s Executor permitted Congress to give for-cause removal protection to a multimember body of experts who were balanced along partisan lines, appointed to staggered terms, performed only “quasi-legislative” and “quasi-judicial functions,” and were said not to exercise any executive power.
Second, Morrison approved for-cause removal protection for an inferior officer—the independent counsel—who had limited duties and no policymaking or administrative authority. Pp. 11–16.
Page 16:
These two exceptions—one for multimember expert agencies that do not wield substantial executive power, and one for inferior officers with limited duties and no policymaking or administrative authority—“represent what up to now have been the outermost constitutional limits of permissible congressional restrictions on the President’s removal power.”
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