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> The President also doesn't get to enforce traffic laws by random summary executions - Congress has not passed laws against traffic violations (well, except i
by telotortium 2y ago
> The President also doesn't get to enforce traffic laws by random summary executions
- Congress has not passed laws against traffic violations (well, except in D.C., federal land, etc.).
- Even when they have, they have not designated the punishment to be execution.
- Even if the violators are federal employees, the executive doesn't have the power to summarily punish their violations by anything worse than firing the employee, even under the unitary executive theory. The executive can't levy any criminal punishment on their own. (They have since FDR been able to levy civil penalties in certain cases, but rulings like SEC v. Jarkesy are limiting that power.)
So your hypothetical makes no sense, even under the broadest interpretation of the "unitary executive" theory. What Trump, Musk, and DOGE want to do is to make it as easy to fire and discipline the federal workforce as it is for a company executive to do the same to a company. We'll see how far it goes I suppose. I wouldn't be surprised if there is a federal civil service reform bill introduced soon to at least allow the executive to put any civil service employee on indefinite paid leave - that would allow Congress to set conditions on federal employment that don't prevent the executive branch from implementing its agenda.