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@oneleggedparrot
@oneleggedparrot
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Making the Complex Uncomplicated
Pittsburgh
Joined September 2024
Constitutional Analysis of Judge Engelmayer's Intrusion into The Department of Treasury: A member of the judicial branch has reached into the executive branch and prohibited the Treasury Secretary from carrying out discretionary tasks. That is a breach of the Constitutional separation of powers. In The Federalist No. 51, James Madison instructed that when faced with a separation of powers violation, the executive has an obligation to resist. "‘[T]he greatest security’ wrote Madison, ‘against gradual concentration of the several powers in the same department, consists in giving to those who administer each department, the necessary constitutional means, and personal motives, to resist encroachments of the others.’" Mistretta, 488 U.S. at 381, 109 S.Ct. at 659, quoting The Federalist No. 51, p. 349 (J. Cooke Ed.1961). The obligation to resist suggested in the Federalist Papers has been adopted by the United States Supreme Court: "The hydraulic pressure inherent within each of the separate branches to exceed the outer limits of power, even to accomplish desirable objectives, must be resisted." INS v. Chadha, 462 U.S. 919, 951 (1983). In his dissent in Morrison v. Olson, 487 U.S. 654, 697 (1988), Justice Scalia noted that the failure to resist encroachments by coordinate branches threatens “the proud boast of our democracy that we have ‘a government of laws and not of men.’” – quoting the Massachusetts Constitution of 1780: In the government of this Commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them: to the end it may be a government of laws and not of men. Morrison, 487 U.S. at 697. Under Supreme Court precedent, President Trump has an obligation to resist when a judge tells the Secretary of Treasury how to do his job.
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Now that Biden has pardoned Fauci, Milley, and the J6 Committee, I would assign the U.S. Attorney's office in Lincoln, Nebraska to investigate, and invite each of them for public questioning (streamed on X), under oath, where they would be required to explain everything. They wouldn't be able to plead the 5th. And any demonstrable lie would be prosecuted. In Nebraska.
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