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We've had "independent federal agencies" since before we had the constitution. Our entire economy, specifically the federal reserve, is based on independent age
by tedivm 3y ago
We've had "independent federal agencies" since before we had the constitution. Our entire economy, specifically the federal reserve, is based on independent agencies.
The case in question isn't about whether independent agencies can exist or not. The claim is that the way the panel is appointed is not constitutional. If they win the case then it would simply require the board to be appointed in a more specific way.
> SpaceX in its lawsuit claims that, because federal law only allows board members and administrative judges to be removed for cause, and not at will, the NLRB’s structure is unconstitutional. The lawsuit seeks to block the NLRB case from moving forward.
There's also a second claim that they should be allowed a jury trial.
> In its lawsuit, however, SpaceX claims that the NLRB proceedings violate the company’s “constitutional right to trial by jury.”
The constitutionality of the agency itself isn't what's being discussed.
- slavboj 3y ago"Independent" just meaning "not part of a cabinet secretariat" is not at issue. When the claim is that the governance structure and the pseudo judicial hearings by which they actually exercise authority are unconstitutional it's fair to qualify the argument as "the agency is unconstitutional". No one would have an issue if the board and officers were fireable by the president at will, like they are at say the CIA or EPA, and if they had to actually go to court to allege violations of the law.