A President who touts an image of himself as a ‘king’ or a ‘dictator,’ perhaps as his vision of effective leadership, fundamentally misapprehends the role under Article II of the U.S. Constitution.
Judge Howell emphasized the limits of presidential power in response to Trump's leadership style.
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His attempt to do so here is blatantly illegal, and his constitutional arguments to excuse this illegal act are contrary to Supreme Court precedent and over a century of practice.
An American President is not a king — not even an 'elected' one — and his power to remove federal officers and honest civil servants like plaintiff is not absolute, but may be constrained in appropriate circumstances, as are present here.
An American President is not a king – not even an ‘elected’ one – and his power to remove federal officers and honest civil servants like plaintiff is not absolute, but may be constrained in appropriate circumstances, as are present here.
Humphrey’s Executor remains not only binding law, but also a well-reasoned reflection of the balance of power between the political branches sanctioned by the Constitution.