On the recordSeptember 26, 2002
If it is not related to terrorism, the President does not have the authority, the way this is drafted. But I suppose what I wonder is if, in effect, what we are saying--and the Senator is right; we are comparing apples and oranges, it sounds like with this prior case--but if what we are saying is that we want to make it so the President's actions are not judicially reviewable at all, why are we having this debate? I assume it is because we have an additional hurdle in there that every once in a while an honest President just couldn't make, such as the job changing. If the President is going to say, I have the authority, I can say whatever I want to say, I guess he could do that then. But if the President really does want to go to the trouble of determining whether or not the jobs of a majority of the people inside of an agency have changed, then that would be a situation where the President could not morally make such a determination.
Source
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