osewalrus (osewalrus) wrote,
osewalrus
osewalrus

Scalia No Longer Believes in the "Unitary Executive?"

What a difference an election makes!

"There is no reason to magnify the separation-of-powers dilemma posed by the Headless Fourth Branch [independent administrative agencies] by letting Article III judges -- like jackals stealing the lion's kill -- expropriate some of the power that Congress has wrested from the unitary Executive."
-- FCC v. Fox Television Stations, Inc. (Opinion of Scalia, J.)
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