{"id":2232,"date":"2026-06-30T16:43:25","date_gmt":"2026-06-30T16:43:25","guid":{"rendered":"https:\/\/interstatelogisticshubs.com\/?p=2232"},"modified":"2026-06-30T16:43:25","modified_gmt":"2026-06-30T16:43:25","slug":"president-vs-the-supreme-court","status":"publish","type":"post","link":"https:\/\/interstatelogisticshubs.com\/?p=2232","title":{"rendered":"President vs. the Supreme Court"},"content":{"rendered":"
\n

The Supreme Court\u00a0made a good decision on Slaughter, allowing the president to fire subordinates, but a bad decision on the SAVE America Act. SCOTUS\u00a0unfortunately doesn’t understand how to consistently link unitary power theory with larger national security, into a unified doctrine of constitutional law.<\/p>\n

Read more Justice Amy Coney Barrett says there is no time limit for ballot counting<\/a><\/p>\n

A former senior member of the Obama administration argues in the New York Times\u00a0that the Supreme Court is giving the president too much power.\u00a0 He and his co-author debate the \u201cunitary executive\u201d theory via the Court\u2019s recent landmark ruling in Trump v. Slaughter<\/em>, whereby the role of the nation\u2019s chief executive, thought in their reading to be strictly circumscribed by the Constitution, becomes a worrisome single power acting without sufficient checks and balances.\u00a0<\/p>\n

They misunderstand what unitary means, and why, and when, it is vital. Unfortunately, so does the Court in relation to vital national interest (more on that in a moment).\u00a0\u00a0<\/p>\n

Nothing quite gets the progressive left and liberal law professors animated, and emotionally worked up than when the SCOTUS makes a ruling they don\u2019t like.\u00a0\u00a0They also have a tendency to make sweeping generalizations about those rulings, usually predicting some vague dire consequence.\u00a0<\/p>\n

They also suddenly transform themselves into opportunistic advocates of constitutional law; that is, they cite the Constitution as a rock-solid stone tablet of meaning \u2014 theirs. of course \u2014 and they also suddenly become false constitutional textualists, and change their legal dogma to a constitutional originalism.\u00a0\u00a0<\/p>\n

It\u2019s not just a false act, but it greatly misleads the public about how their Republic is set up \u2014\u00a0<\/em>and not only in what roles the different branches play, but more importantly, what the nature of executive power is<\/em>, and why the country has a chief executive: It isn\u2019t to debate legal theories, or barter constantly with Congress and the Court, but to lead<\/em>.\u00a0\u00a0Leadership is what a president is for.\u00a0<\/em>\u00a0That\u2019s why there\u2019s one president \u2014 and not a presidential committee.\u00a0\u00a0<\/em><\/p>\n

One of the law professors, Harvard\u2019s Cass Sunstein, previously headed up the \u201cOIRA\u201d or the White House Office of Information and Regulatory Affairs in the Obama administration.\u00a0\u00a0His wife, Samantha Power, was the administrator of USAID.\u00a0\u00a0<\/p>\n

Those offices sought to diligently work around the Constitution, and helped turn the office of the president into something far more troubling than an unchecked power; they labored to turn the president, finally crystalized in Joe Biden, into a mere functionary of a unified, perpetual political party run by unelected self-appointed elites. They operated a shadow government, pursuing projects that, if ever fully investigated and disclosed, would upend fundamental public assumptions of government legitimacy. Now they worry about presidential power and Article II.\u00a0<\/p>\n

The way the progressive Left ran the White House, also led to an insidious corruption of their understanding concerning leadership. In the Left\u2019s view, it is an institutional function that operates through a corporate body where no one is actually accountable<\/em>, and especially, able to act as an independent voice of leadership.\u00a0\u00a0Leadership scares the left because it threatens their worldview of a global government made up of offices, apparatchiks, and networks \u2014 not individuals, and certainly not leaders.<\/p>\n

So when a man like President Trump comes along, it throws that view into chaos. But it also confuses the unitary executive argument by making it an institutional issue<\/em>, instead of seeing it as a way that individual human leadership can break through the chains of government bureaucracy, standing up as a single unified representative of citizen consent, and the sovereignty of a citizen country.<\/p>\n

It doesn\u2019t mean that a single individual discharging the laws acts alone or without counsel.\u00a0\u00a0But it does mean that he acts in the capacity of a civilian commander who must make command decisions, including the routine ones like a corporate CEO must make, one who makes decisions regarding people who he puts <\/em>in charge of divisions and departments. They serve at the chief executive’s pleasure<\/em>.\u00a0\u00a0It is also not unlike a judge: they have clerks, paralegals, research staff and more, but in the end, they alone<\/em> must make a decision, and put their name on it.\u00a0<\/p>\n

Read more 250 years ago, and 200 years ago<\/a><\/p>\n

The SCOTUS case that has the progressive left all worked up involves whether the president can hire and fire individuals in government administrative roles.\u00a0\u00a0<\/p>\n

In , the Court ruled in the president\u2019s favor.\u00a0\u00a0They\u2019re correct to do so and their opinion is sound, and simple.\u00a0\u00a0It isn\u2019t a complex case but that the Left made it one by trying to preserve their prior appointees, and thereby their ability to govern through the administrative state.As Sunstein\u2019s co-author, Columbia Law and AEI senior fellow Philip Hamburger argues, the Slaughter decision \u201cforetells the disintegration of the administrative state.\u201d\u00a0\u00a0I think he overstates its momentum, but it\u2019s a good beginning, assuming it has the right chief executive behind it. Right now it does.<\/p>\n

Sunstein goes on to argue that presidential appointment powers are clear, but removal is not.<\/em>\u00a0\u00a0The Constitution, he says, is \u201csilent\u201d on that discretion.\u00a0\u00a0He argues that government \u201ccontinuity\u201d is critical to government integrity, and that a \u201cremoval\u201d authority would upset that ideology.\u00a0\u00a0He\u2019s wrong.\u00a0\u00a0It protects it.\u00a0\u00a0But that gets at what is meant by continuity. Continuity of what, and of whom?\u00a0\u00a0<\/em>(in the Court\u2019s carve-out via Slaughter<\/em>, concerning the Federal Reserve, it rests on protecting a controversial DEI appointment under Biden that required a Senate tie-breaking vote by Kamala Harris).\u00a0\u00a0<\/p>\n

Sunstein otherwise has the entire theory of U.S. government upside down: government integrity rests on consent. Consent is manifest through the election process exercised by U.S. citizens in an accountable, testable election outcome. Consent is by definition dynamic and subject to change<\/em>. If it were not, and government \u201ccontinuity\u201d prioritized over public will, there would be no government as we know it \u2014 or would like it to be.\u00a0\u00a0It would be a permanent authority, and tyranny, presenting a facade of representation (obviously already a problem in many countries).\u00a0<\/p>\n

That comes to the other recent SCOTUS ruling concerning the SAVE America Act which is a profound failure of constitutional understanding by the Court, including how it fails to make the linkage between constitutional national security, and the necessary force of a unitary executive acting to advance it.\u00a0\u00a0<\/em><\/p>\n

This is where the SCOTUS really doesn\u2019t know its job (or the law professors the law), because it can\u2019t put two and two together, and realize that the SAVE America Act is fundamentally driven by a unitary doctrine of leadership and sovereignty.\u00a0\u00a0<\/em>Voter ID laws, and SAVE-like rules are present in some states, but only the president has the necessary visibility to see how it must be a law of the land.\u00a0<\/em>\u00a0<\/p>\n

The Court instead is playing politics at the expense of the nation, as it just did\u00a0with birthright citizenship. It is failing in its very purpose of constitutional interpretation by making selective, disjointed decisions led by a wobbly Chief Justice. It is judicially \u201csplitting the difference\u201d in its various decisions, handing a victory to each side, without understanding how to produce a unified doctrine of constitutional law that upholds national security.<\/em><\/p>\n

Instead, the Court is splitting the country by selectively interfering in or politically frustrating the president\u2019s oath and duty to unify it. Justice Alito put it well concerning the SAVE America Act, voter ID, and late mail ballots: “Not only is today’s decision inconsistent with statutory text, legal context, historical practice, and precedent; it also threatens to produce lamentable consequences. The majority’s holding spawns a slurry of troubling election-law questions and risks further undermining Americans’ confidence in election integrity.\u201d\u00a0\u00a0<\/p>\n

President Trump put it more clearly: the Left is determined to institutionalize election cheating.<\/p>\n

Matthew G. Andersson is a former aerospace CEO and. law and policy author. He has testified before the US Senate and is a graduate of the University of Chicago.<\/em><\/strong><\/p>\n

Read more CODEPINK makes progress to bring antisemitic politics into K\u201312 classrooms<\/a><\/p>\n

Image: Pixabay \/\/ Pixabay Content License<\/em><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

The Supreme Court\u00a0made a good decision on Slaughter, allowing the president to fire subordinates, but a bad decision on the SAVE America Act. SCOTUS\u00a0unfortunately doesn’t understand how to consistently link unitary power theory with larger national security, into a unified doctrine of constitutional law. Read more Justice Amy Coney Barrett says there is no time […]<\/p>\n","protected":false},"author":1,"featured_media":2231,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2,514],"tags":[923],"class_list":["post-2232","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-politics","category-scotus","tag-related-topics-scotus-justice-trump"],"yoast_head":"\nPresident vs. the Supreme Court - Interstate Logistics Hub<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/interstatelogisticshubs.com\/?p=2232\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"President vs. the Supreme Court - Interstate Logistics Hub\" \/>\n<meta property=\"og:description\" content=\"The Supreme Court\u00a0made a good decision on Slaughter, allowing the president to fire subordinates, but a bad decision on the SAVE America Act. 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