Why Roberts (and the majority) was wrong about the CFPB decision.

The Imaginary Unitary Executive
https://www.lawfareblog.com/imaginary-unitary-executive

"But a justice’s interpretation of a historical event should not itself have any precedential value—certainly not for originalists, who generally say original sources should trump precedent. Instead of reviewing the original debates, however, Roberts rests on what judges have said about 1789 over the past century: Chief Justice Taft in Myers and Roberts himself in Free Enterprise Fund v. Public Accounting Oversight Board: “‘Since 1789,’ we recapped, ‘the Constitution has been understood to empower the President to keep these officers accountable—by removing them from office, if necessary.” Roberts wrote in Seila Law: “But text, first principles, the First Congress’s decision in 1789, Myers, and Free Enterprise Fund all establish that the President’s removal power is the rule, not the exception.” The text is far from clear; what Roberts means by “first principles” is even less clear. And Myers and Free Enterprise heavily rely on “the First Congress’s decision in 1789.”

So this really all comes down to what actually happened in 1789 when Congress put together the rudiments of what became the federal government. Oddly, none of the opinions provide historical detail on that pivotal subject.

In fact, a closer look at those events shows that the unitary version of a “Decision of 1789” is a myth."
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Of course, the King of Debt is unconcerned and woefully ill-equipped for such an intellectual exercise. He just knows that compromising the CFPB's power to regulate business and protect consumers means companies are more profitable. He likes that because his donor base likes it. And Wall St. likes it. The little guy Trump claims to be the champion of.......President Flim Flam couldn't care less about them. He just wants their vote. For that, all he mostly needs to do is blow his (racist) dog whistle and they come a runnin'.

https://www.cnbc.com/2020/07/06/tru...g-ban-targets-black-driver-bubba-wallace.html

 

The Legislative branch cannot establish an Executive branch agency headed up by a person the chief executive cannot direct and manage. That manifestly violates the separation of powers. It ain't rocket science.