Political Quotes

“Today's argument considered at some length a case handed down by the Supreme Court involving reapportionment. Secretary of Commerce Barbara Franklin submitted the census report to the President, who certified the numbers. The Supreme Court ultimately said there was no judicial review because of the absence of finality of agency action, where the President was able to change, alter, modify, or supervise what the President's Cabinet official had done. A central point in today's argument was the basic distinction between what the President could do on the census data reported by the Secretary of Commerce contrasted with what he could do with the Base Closure Commission, where the President had to take it all or leave it all. The President could send it back once, but on the second round the President had to take it all or leave it all. Now, then, the Congress provided in the base closure process for a resolution of disapproval--again, all or nothing. There is a fundamental difference in that kind of procedure from the situation where the President is the supervising Executive over the Secretary of Commerce and revisions could be made, so that there was final agency action, at least arguably, and I think realistically, by the Base Closure Commission.”