Others on this site and elsewhere have done a marvelous job of exposing the fact that Obama almost certainly broke the law in his dismissal of Gerald Walpin (and perhaps other IGs). This story is not concerned with what Obama has done, it is concerned with what it reveals about Obama’s view of executive power. What Obama’s firing of Walpin reveals is very simple: Obama is a believer in the Unitary Executive Theory.
See, a lot of Democrats and left-wing bloggers bloviated on endlessly about the Unitary Executive Theory without ever bothering to educate themselves about what the Unitary Executive Theory is. See, leftists tend to view the world through the prism of power-grabbing conspiracy theories. So when they encountered something called the “Unitary Executive Theory” that had conservative adherents, they immediately assumed it was a conspiracy theory by which conservative Presidents would attempt to increase Presidential power. Soon enough the Unitary Executive Theory became responsible for Guantanamo, “torture”, the Iraq War, Hurricane Katrina, and Valerie Plame. No leftists ever bothered to point out or explain how this was so, or to even make a pass at understanding the most rudimentary basics of what the Unitary Executive Theory stood for.
The Unitary Executive Theory (as Samuel Alito patiently attempted to explain over and over to many of these leftist morons) has nothing to do whatsoever with the scope of executive power. A Unitary Executive Theorist might well believe that the office of the Presidency does (or should) have very little power whatsoever. The only thing the Unitary Executive Theory concerns itself with is who is ultimately responsible for wielding whatever executive power the executive branch possesses. The Unitary Executive Theory may be summed up succinctly in one sentence: The President has the Constitutional authority to fire anyone in the Executive Branch. In other words, anyone who wields executive power is answerable ultimately to the President.
Let me make this simpler for Glenn Greenwald, et al (e.g., Thomas Ellers and Rick Ellensburg). Believing in the Unitary Executive Theory would not make a President any more or less likely to approve of torture, or Guantanamo Bay, or warrantless wiretapping or any other such thing. You know what it would make a President more likely to do? It’d make a President more likely to fire some IGs in violation of statute because he believes that the Constitution gives him the summary authority to do so.
So, while Obama and his many illiterate followers may have campaigned against and decried the Unitary Executive Theory, it appears that Obama is the first American President in the last 8 years to have violated the law because of his belief in it. So unless Obama is ready to apologize and rescind his unlawful actions against Walpin, et al, it’s time for him to own up to his strong belief in the Unitary Executive Theory.
Steve Maley
Neil Stevens
Wow, that was great.
Bill S (Diary) Thursday, June 18th at 10:03PM EST (link)You’re on your game tonight, Leon.
“It’s such a fine line between stupid, and clever.” – David St. Hubbins
Let me second bs.
spainishirish (Diary) Thursday, June 18th at 10:06PM EST (link)There appears to be a seperation of powers issue shaping up as well with some of the Dems who haven’t gotten the memo yet about how great the Unitary Executive Theory has become. They’ll probably buckle tomorrow, though.
Good Job Leon
bobojake (Diary) Thursday, June 18th at 10:42PM EST (link)I had a boss once that believed and acted the same way obama does. It was L working there but he as a Vice-President of a National Company he finally caught up in his own ego power trip and got fired and had to go to Mexico to work for 3 years.
Yes the employees shouted with joy that day because he had them convinced he was insurmountable. It will be a joyous day when the same thing happens to obama.
Wow !...... 55555..... nt
Kenny Solomon (Diary) Thursday, June 18th at 10:44PM EST (link)5555+ nt
Caleb Howe (Diary) Thursday, June 18th at 10:56PM EST (link)nt
Caleb Howe (formerly known as absentee)
Awesome, Leon!
Amy Miller (Diary) Thursday, June 18th at 11:04PM EST (link)55555555555555555555555555!
“I’m a conservative, I’m a textualist, I’m an originalist, but I’m not a nut.”
~Scalia, J.
55555!
TNJim (Diary) Thursday, June 18th at 11:06PM EST (link)I’m bookmarking this. A great explanation, Leon!
It will be interesting to see what
mbecker908 (Diary) Thursday, June 18th at 11:10PM EST (link)the Democratic Congress does to impede this UE.
Nothing, at least not for a while.
Achance (Diary) Friday, June 19th at 11:47AM EST (link)What Republicans should be doing is seeking out the people that Comrade Obama is pressuring or forcing out and find jobs for them on our side of the ditch. We don’t have the shadow government of non-profits, unions, and law firms, but we do have some resources to give jobs and contracts to the dissidents and whistleblowers. Then we can use them for a counterattack.
This is Democrat playbook since the Clinton days and they do it at the state level as well. An IG is pretty brazen since they do have explicit cause protection, but that really doesn’t seem to matter to them. As soon as they take office they set out to remove or intimidate into silence all the senior level career employees, the people who actually know and follow the rules and who make the government run. If they can’t get rid of them, they reassign them to doing nothing and give them an office with no windows or phone and a seat that flushes; you have to be really close to retirement to be able to stand that for long. It is really hard to come to work when nobody will dare be seen talking to you, you don’t have anything to do, you get jerked around by the boss, who you know is trying to provoke you into doing something stupid.
Once they get the experienced people out of the way, they replace or supplant them with either Democrat operatives or with very junior employees who don’t even know what they don’t know. Then there are no complaints from inside the workforce about who the money gets sent to, how the contract gets let, or who got hired for what. This is all combined with a PR campaign about how they’re cleaning up and streamlining. What they’re really doing is eliminating all the rules about money, people, and stuff so they’re free to do as they please. Then, the only thing they have to worry about is public opinion and since Democrats can count on good press and on the media never peeking under their skirts, they can do as they please without regard to those silly laws and things.
In Vino Veritas
5
Tbone (Diary) Friday, June 19th at 11:58AM EST (link)When you’re right, you’re right.
Envisioning when all that is Left is the Right.
I would also note that somebody should be making a list of
mbecker908 (Diary) Friday, June 19th at 3:59PM EST (link)really sharp, really agressive and REALLY nasty attorneys who can fill US Attorney slots in the next Republican administration. We should be looking for people who will be willing to pursue indictments against anybody and everybody with a “D” behind his name for anything even remotely felonious.
We should be pursuing indictments in our own states
Achance (Diary) Saturday, June 20th at 11:46AM EST (link)now, but Republican governors still seem to be stuck on stupid. If we wait until the federal auditors and investigators are perp walking people out of Red State capitols, it will be too late. As I’ve said before, the rules on federal financial reporting are so obtuse and subjective that any fund manager who signs an FSR or other federal report is essentially signing his/her life away if the fed wants to come after him. It is an absolute certainty that this Administration will use this tool on the Red States in furtherance of the Democrat “All Republicans are Corrupt” meme.
In Vino Veritas
What about all the czars?
Common_Cents (Diary) Thursday, June 18th at 11:12PM EST (link)Aren’t they in the executive branch, controlled by Obama, duplicating many usurping congress?
You’d think congress would be getting a little miffed at getting squeezed, and especially the states. There is obviously a little rumbling but no thunder as of yet.
Obama=Golfer in Chief, Leading from,
behind, the Back Nine.Leaders don’t create movements. Movements create leaders. Get involved. Your future depends on it.
Govt “invests” YOUR tax money for POLITICAL return rather than economic return.
That's one of the reasons the Dems seem to be getting frustrated w/Byrd continuing to hang around.
eburke (Diary) Friday, June 19th at 10:48AM EST (link)Not only is he not well enough to help them reach cloture but for his many (innumerable?) faults, the former Grand Wizard of the KKK is quite protective of the role of the Congress in general and the Senate in particular. He has made no bones about not wanting/liking/appreciating all the ‘czars’ appointed by the TOTUS for that very reason.
Republican leadership on the other hand?
Chirp!
Chirp!
Chirp!
“All that need be done for evil to triumph is for good men to do nothing.”
Unified Patriots
Byrd usually votes right on fed judges - nt
Mike gamecock DeVine (Diary) Friday, June 19th at 11:28AM EST (link)Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson
That is true, GC (well, unless they happen to be black, cf. Thomas/Marshall) nt
eburke (Diary) Friday, June 19th at 11:37AM EST (link)“All that need be done for evil to triumph is for good men to do nothing.”
Unified Patriots
imagine that! - nt
Mike gamecock DeVine (Diary) Friday, June 19th at 11:45AM EST (link)Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson
I know....I mean, you'd think the guy was a former wizard in the KKK or something.
eburke (Diary) Friday, June 19th at 11:47AM EST (link)But someone like that would *never* be accepted or promoted to, let’s say, majority leader in the party that so embraces diversity, tolerance and love.
(I must now leave my keyboard as I think I made myself nauseous typing that last sentence)
“All that need be done for evil to triumph is for good men to do nothing.”
Unified Patriots
This is fantastic!
Brian Simpson (Diary) Thursday, June 18th at 11:14PM EST (link)Digg it!
Reddit it!
Stumbled it (no links for that one)
Tweeted it
Get this one out to everyone you can. Conservatives will love it and Liberals will hate it (and honestly I LOVE that Liberals will hate it).
| My RedState archive |
Important principles may and must be inflexible. ~ Abraham Lincoln
55555^?
Thrhheggeegwc Jjtkylkfofud (Diary) Thursday, June 18th at 11:21PM EST (link)Excellent work, Leon!
Read question mark as infinity symbol. (nt)
Thrhheggeegwc Jjtkylkfofud (Diary) Thursday, June 18th at 11:22PM EST (link)Let me get this straight:
Duke Thursday, June 18th at 11:37PM EST (link)Bush, villified by the libs for being a believer in the “Unitary Executive Theory” when he canned a few lawyers who worked for the government in the Justice Dept. at his pleasure, was a tyrant.
The messiah, who just illegally canned an independant fraud watchdog in the same manner as Nixon did when he canned Arch Cox in the “Saturday Night Massacre,” is somehow NOT a tyrant?!
I smell a corrupt Chicago crook from the Al Capone school of politics.
It’s not about a purge. It’s about an insurrection.
I've been twittering...
Bill S (Diary) Thursday, June 18th at 11:42PM EST (link)“Gerald Walpin = Archibald Cox” ever since this happened. I’m trying to build a meme. It’s tough being a trailblazer.
“It’s such a fine line between stupid, and clever.” – David St. Hubbins
"he Al Capone school of politics" Watch out for the baseball bat!...nt
olsmithie (Diary) Saturday, June 20th at 12:02PM EST (link)Well done, Leon.
itrytobenice (Diary) Friday, June 19th at 8:28AM EST (link)And if congress wants any control over the spending they are authorizing, they’d better get their own auditors.
The Unitary Executive is going to make sure they have no say so in how he spends it if they don’t. That’s why Michelle’s henchman is now in charge of the Americorps bureaucracy.
Proper grammar saves lives.
Let’s eat Grandma.
Let’s eat, Grandma.
5555^, Leon. Can you be a Unitary Ex. if your wife
janis (Diary) Friday, June 19th at 8:57AM EST (link)considers herself to be one, too? Because I’m thinking that Michelle believes herself to be just as much the Pres. as he does.
Wife - sounds familiar
Duke Friday, June 19th at 10:06AM EST (link)Didn’t we just have one of those a while back – just before W? I recall someone calling herself the “co-president.”
It’s not about a purge. It’s about an insurrection.
Yes, we did, duke. And she was a fairly unpleasant
janis (Diary) Friday, June 19th at 12:12PM EST (link)person to work for and around, too. After working for the Bush family for 8 years, how much must it suck to work for people who probably treat you like appliances again?
Yes, and the Pres. should be able to fire at will anyone
icbm (Diary) Friday, June 19th at 10:36AM EST (link)in the executive branch of government.
(Not to say there aren’t other reasonable positions – this debate goes back to the 1790′s.)
agreed, and he can be subjected to ridicule for why he has done so - nt
Mike gamecock DeVine (Diary) Friday, June 19th at 10:38AM EST (link)Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson
isn't the law different in this case icbm??..
Aaron Gardner (Diary) Friday, June 19th at 10:50AM EST (link)Isn’t there a law that states the President has to give 30 days notice and an explanation of the firing to congress?
Firing an IG is different than firing an AG.
conform and celebrate diversity….or else!!!
“We’d be much better off if We The People had desired small government enough to keep it.” acat
Follow @Aaron_RS
Yes, but I don't think the law provides any procedure for
Mike gamecock DeVine (Diary) Friday, June 19th at 11:26AM EST (link)Congress to prevent the firing. And besides, I think icbm is stating his preference for executive power, with which I agree.
But I do favor an accountability requirement for IGs as opposed to DAs, although I could see a justification for such a 30-day requirement for DAs as well.
The bottom line is that Obama can fire them and we can point out that he broke a law that can’t be enforced except by voters at the voting booth or in some institutional way by Congress on other matters, like confirmations etc.
Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson
GC My point is to pre-emptively kill the Bush comparison....
Aaron Gardner (Diary) Friday, June 19th at 11:32AM EST (link)I understand that the law has no teeth beyond what the congress chooses to give it at any moment in time, and with the congress we got it will remain gumming soft objects. But like I said, my only point is to kill the comparison to the Bush AG firings, in which he was not only completely justified but acting within the law, as opposed to Obama, who may be justified but is working outside the law in order to expedite his will while at the same time protecting his friends.
conform and celebrate diversity….or else!!!
“We’d be much better off if We The People had desired small government enough to keep it.” acat
Follow @Aaron_RS
agreed on that based on all the info I am aware of on both situations
Mike gamecock DeVine (Diary) Friday, June 19th at 12:01PM EST (link)and of course Bush’s mistake was in trying to justify the firings rather than simply brushing off the questions.
Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson
agreed, aaron.
icbm (Diary) Friday, June 19th at 3:54PM EST (link)n/t
by the way, my position on executive firings hasn’t been law since the “Humphrey’s Estate” decision in the 1930′s, when the Supreme Court overturned a magnificent 1920′s decision by Chief Justice Taft, “Myers v. U.S.”
http://en.wikipedia.org/wiki/Myers_v._United_States
The fact that a cause must be stated makes
Achance (Diary) Friday, June 19th at 11:51AM EST (link)this person not “at will” or “at the pleasure.” There may not be access to the administrative appeal mechanisms that merit system employees have, but such an employee does have remedy available through the courts with a wrongful discharge suit. This guy’s biggest problem will be the opposite of that faced by Ted Stevens. All you had to do to Sen. Stevens is charge him with being a Republican and a DC jury would sentence him to death. In this case, all you have to do is charge IG Walpin with opposing the Will of The One, and they’ll find against him.
In Vino Veritas
We better check that as there is aChance that the disclosure and notice
Mike gamecock DeVine (Diary) Friday, June 19th at 12:07PM EST (link)are for political purposes only, i.e. for Congressional oversight.
Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson
I found both the 1978 law and the 2008
Achance (Diary) Friday, June 19th at 12:28PM EST (link)amendments. It specifically says the IG is not considered a policy makingl position, so it wasn’t a serve at the pleasure position even under the old law. So, probably most any cause would be sufficient, e.g., “doesn’t fit in with our management plans,” but if you state a cause, it has to be a legal cause and you have to be able to prove it. I’d be happy to represent the guy in a labor arbitration armed only with the stuff the management said about his being disoriented etc.
In Vino Veritas
Art you should contact Glenn Beck...
Aaron Gardner (Diary) Friday, June 19th at 12:31PM EST (link)he could hook the two of you up…lol
conform and celebrate diversity….or else!!!
“We’d be much better off if We The People had desired small government enough to keep it.” acat
Follow @Aaron_RS
Walpin will have to go to court since
Achance (Diary) Friday, June 19th at 12:43PM EST (link)at that level he doesn’t have access to an adminstrative remedy. ‘Course, if you do that you’d better be fixed for awhile ’cause you ain’t working anywhere that a Democrat government has any influence.
When I rather noisily quit my merit system job over Knowles Administration corruption, both the Administration and various union leaders very publicly said that they’d make sure I never worked in Alaska again. They were very nearly successful with that for awhile, people in politics or working for the government would cross the street rather than be seen talking to me. Finally, the Republican controlled legislature started pitching me some scraps in the form of contracts to work for them. I’ll admit now that I really only planned for scraping by for the remaining two years of his term and I could not conceive of the SOB being re-elected. When he did get re-elected and I was facing another four years with no way to make a decent living in my field, things were getting grim.
Interestingly, by about half way through the second term, the Administration was so sick of their union friends and all the internal problems from what they’d done to the State’s HR/LR functions, they hired me back as a supervisor to fix the mess. After four years in the wilderness living off scraps, I’ll be the first to admit that I had mellowed some of my delicate sensibilities about the stuff they were doing.
In Vino Veritas
hey thx, send me those links - I may do a devinelaw column on the matter - nt
Mike gamecock DeVine (Diary) Friday, June 19th at 12:44PM EST (link)Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson
I just Googled "Inspector General 2008" and
Achance (Diary) Friday, June 19th at 12:48PM EST (link)the amended law came up and that’s where I found it was an amendment to the ’78 Act. You have to go a ways into the stack to get that one as it was enacted.
In Vino Veritas
thx bro - nt
Mike gamecock DeVine (Diary) Friday, June 19th at 7:42PM EST (link)Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson
Be sure and mention that the 'O' was a co sponsor of the bill he "allegedly" violated... nt
olsmithie (Diary) Friday, June 19th at 3:53PM EST (link)thanks for the research, achance
icbm (Diary) Friday, June 19th at 3:50PM EST (link)n/t
The 5 goes to 11!
Dan McLaughlin (Diary) Friday, June 19th at 10:40AM EST (link)Hahahahahahaha
“No compromise with the main purpose, no peace till victory, no pact with unrepentant wrong.” – Winston Churchill