Wednesday, May 26, 2010

Yoo on Kagan

John Yoo's critique of Elena Kagan's views on presidential power raises some rather odd questions, such as: What if Congress forbids the President from firing a subordinate? Come on, Prof. Yoo: How often has that happened in, say, the last 30 years?

2 comments:

hank_F_M said...

How often has that happened in, say, the last 30 years?

Wasn’t there some sort of controversy over firing a commissioner (EEOC?) in the past thirty years. Congress having set the commission up with fixed terms it was objected that the president couldn’t fire the person. I think the firing held up or made irrelevant by events.

But you are right it is very rare.

LFC said...

You may well be right about the EEOC commissioner; it sort of rings a bell. I would have to do some digging around in lexis/nexis or whatever...