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Shutting Down the 'Fourth Branch'

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Posted By: Hazymac, 12/12/2025 9:15:09 AM

During the oral argument over Trump v. Slaughter at the Supreme Court, Justice Elena Kagan got seriously exercised. “You’re asking us to destroy the structure of government!” Trump’s solicitor general, John Sauer, wisely declined to respond. She went on. “Where else have we so fundamentally altered the structure of government?” Indeed. The 1934 Humphrey’s Executor case did exactly that as the New Deal got into high gear during FDR’s reign. The Constitution defines three, not four, branches of government. Article I defines all the bits and pieces about the legislative branch. In particular, Section 8 lists the things that Congress is allowed to do. Section 9 lists a potful of things

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Reply 1 - Posted by: Cindiana 12/12/2025 9:28:01 AM (No. 2040212)
We'd be in no worse shape switching her out with the local dog catcher. It may well even be an improvement! I often wonder what runs through other Justices' minds while she speaks.
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Shutting Down the 'Fourth Branch' 1 reply
Posted by Hazymac 12/12/2025 9:15:09 AM Post Reply
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