9th circuit blocks Trump’s mass layoffs
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Date: May 30th, 2025 8:47 PM Author: talking brethren
It’s pretty straightforward actually…
“The President’s power, if any, to issue [an executive] order must stem either from an act of Congress or from the Constitution itself.” Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579, 585 (1952). “Administrative agencies are creatures of statute.” Nat’l Fed’n of Indep. Bus. v. Dep’t of Labor, Occupational Safety & Health Admin., 595 U.S. 109, 117 (2022) (per curiam). Article I of the Constitution confers the legislative power exclusively on Congress. U.S. Const. art. I, § 1; see Myers v. United States, 272 U.S. 52, 129 (1926) (finding that Congress “under its legislative power is given the establishment of offices, [and] the determination of their functions and jurisdiction”). Accordingly, “Congress has plenary control over the salary, duties, and even existence of executive offices.” Free Enter. Fund, 561 U.S. at 500. “There is no provision in the Constitution that authorizes the President to enact, to amend, or to repeal statutes.” Clinton v. City of New York, 524 U.S. 417, 438 (1998). Instead, the President is tasked with “tak[ing] Care that the Laws be faithfully executed.” U.S. Const. art. II, § 3.
(http://www.autoadmit.com/thread.php?thread_id=5731619&forum_id=2#48975268) |
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