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TBD, the defining trait of this administration is illegal acts that get overturned later. The point of this isn’t to be right, it’s “you might beat the rap, but

TBD, the defining trait of this administration is illegal acts that get overturned later. The point of this isn’t to be right, it’s “you might beat the rap, but you won’t beat the ride” abuse of process.

andsoitis 6mo ago
Are you claiming the US president does not have the right to fire them?
- SpicyLemonZest 6mo ago
  I reject the premise. The President is not a king, he isn't presumptively allowed to fire anyone he'd like. The statute establishing the National Science Board (https://www.law.cornell.edu/uscode/text/42/1863 https://www.law.cornell.edu/uscode/text/42/1863) does not give him any such power, so he doesn't have it.
  - andsoitis 6mo ago
    NSB members are executive officers, the statute is silent on removal, and Article II makes presidential removal power the default. Silence means he can fire them.
    - SpicyLemonZest 6mo ago
      Article II says no such thing. Humphrey's Executor established a useful compromise between "the Constitution is silent on removal" and "come on, is it really impossible to fire a postmaster?", but Trump has chosen to defect from that compromise so I no longer feel bound to accept it. Until he reinstates all independent agency heads he's purported to fire, I don't accept any removals he performs without explicit authority as legitimate.
      - juniperus 6mo ago
        if a court overturns or reinterprets that, then it is the law. America is a common law country, not a civil law country. The process of litigation and court precedent is how laws work in a common law country, so I don't see how your framing of the situation is really all that valid.
        datsci_est_2015 6mo ago
        Common law countries also benefit from common interpretations of laws, which leads to stability for both the citizens who live and businesses that operate in that country. “Calvinball” is technically possible in all common law countries, as long as you move fast enough for the courts to not catch up. So while you are technically correct, I do not want to live in the version of America where your technical correctness is tested to the limit of its bend-but-not-break strength.

andsoitis 6mo ago

Are you claiming the US president does not have the right to fire them?

SpicyLemonZest 6mo ago
I reject the premise. The President is not a king, he isn't presumptively allowed to fire anyone he'd like. The statute establishing the National Science Board (https://www.law.cornell.edu/uscode/text/42/1863 https://www.law.cornell.edu/uscode/text/42/1863) does not give him any such power, so he doesn't have it.
- andsoitis 6mo ago
  NSB members are executive officers, the statute is silent on removal, and Article II makes presidential removal power the default. Silence means he can fire them.
  - SpicyLemonZest 6mo ago
    Article II says no such thing. Humphrey's Executor established a useful compromise between "the Constitution is silent on removal" and "come on, is it really impossible to fire a postmaster?", but Trump has chosen to defect from that compromise so I no longer feel bound to accept it. Until he reinstates all independent agency heads he's purported to fire, I don't accept any removals he performs without explicit authority as legitimate.
    - juniperus 6mo ago
      if a court overturns or reinterprets that, then it is the law. America is a common law country, not a civil law country. The process of litigation and court precedent is how laws work in a common law country, so I don't see how your framing of the situation is really all that valid.
      - datsci_est_2015 6mo ago
        Common law countries also benefit from common interpretations of laws, which leads to stability for both the citizens who live and businesses that operate in that country. “Calvinball” is technically possible in all common law countries, as long as you move fast enough for the courts to not catch up. So while you are technically correct, I do not want to live in the version of America where your technical correctness is tested to the limit of its bend-but-not-break strength.