Conservatives at Federalist Society spar on Barr and presidential powers.

https://news.yahoo.com/barrs-legal-views-come-under-152542194.html?.tsrc=daily_mail&uh_test=2_04

Apparently, it is not just the Democrats that are concerned about Trump.

The Federalist Society is the group that has groomed and selected a group of conservative jurists for Trump to appoint to federal courts, including SCOTUS.

A group of members that formed in 2018 called “Checks and Balances” is not happy with a speech, or previous actions, by Barr that support presidential power.

“Barr’s view on executive power is a misreading of the unitary executive theory, said Charles Fried, a Checks & Balances member and Harvard Law professor who endorsed the theory while he was solicitor general during the Reagan administration.”

“While that branch acts as a unified expression of a president’s priorities, with the president firmly at the helm, “it is also clear that the executive branch is subject to law,” Fried said. “Barr takes that notion and eliminates the ‘under law’ part.”

“The group said that the “only imaginable basis” for Barr’s conclusion that Trump did not obstruct the Russia investigation “was his legal view that the president is given total control over all investigations by the Constitution.”

“Conservatism is respect for the rule of law. It is respect for tradition,” he (Fried)said. “The people who claim they’re conservatives today are demanding loyalty to this completely lawless, ignorant, foul-mouthed president.”

At least some on the right have a clearer view of the current regime than the spineless GOP. And coming from the Federalist Society is refreshing, if not a bit surprising.

Of course, we can expect to hear that the Society is not really conservative. Or more typical “I don’t know those guys…maybe they should go back to where they came from.”

And we know that Trump knows the Federalist Society. Kavanaugh and Gorsuch did not appear in a vision one night.

8 thoughts on “Conservatives at Federalist Society spar on Barr and presidential powers.

  1. “Barr’s view on executive power is a misreading of the unitary executive theory,’

    Trump wanted a sycophant lunatic to back his corruption and found him in Barr.

    This Uber Allles asshole (trump if that eludes you) has put our Republic in a precarious position.

    Fingers crossed….

    Liked by 4 people

    1. Alternative fact — “Unfortunately, over the past several decades, we have seen steady encroachment on Presidential authority by the other branches of government.” and bad conclusion “This process I think has substantially weakened the functioning of the Executive Branch, to the detriment of the Nation.”

      This is just plain wrong, and the premise for the rest of the speech, hence all that follows is worthless drivel.

      Liked by 2 people

    2. So I plowed through the interminable speech.

      Going point by point is beyond the scope my attention span and typing speed.

      A few things stand out. He states that the founders placed the prosecution of war with the Executive. Not the case until Congress approved the declaration of war. Not true anymore. The never ending extension of the War Powers Act squashed that congressional power.

      Taxes and tariffs are the purview of Congress. By stretching various “emergency” powers to the limit, the Executive has control today on tariffs.

      Advice and Consent as a check on Executive power for political appointments to the cabinet and the judiciary is very critical. What Barr overlooks is the bad or non-existent vetting of nominees or just the lax attitude of using temporary appointments to bypass the Consent part.

      So Trump has inherited war powers, tariff powers, and invented appointment powers. Add to this the de facto handing of legislative powers to the president over time by vague laws that have regulatory details left to Executive.

      Interestingly, he faults Obama for his “overreach” when all he was doing was focusing on the criminal elements for deportation with the limited funding from Congress. DACA was the result. Again, Congress failed its job and ceded power to the president.

      Finally, he makes a big deal out of the “Resistance”. From day one of Obama’s first term there was a coordinated effort by GOP operatives, officials and Congressmen to destroy his presidency. That was planned and agreed to at a meeting in a restaurant the night of the inauguration.

      Barr is just whining for his boss. And he has great praise for Meese who had a history of ethical lapses as noted by both parties.

      Birds of a feather.

      IMHO

      Liked by 1 person

  2. Good opinion piece. According to his background, I think Barr has a very authoritarian view of the presidency.

    Catholicism is a very top down organization. And very conservative. And, unfortunately, an organization that values protecting itself at the expense of the individual as we now know with the inexcusable behavior of the Church in the face of centuries of sexual predation.

    In my opinion, Barr’s connections to such organizations as Opus Dei would encourage a hardline view of presidential power. Particularly Is views on moral relativism, gay rights, abortion, religion, etc. There are the hard fought battles to shed the yoke off imperial leadership and laws in favor of human rights.

    In other words, the value of the individual is more important that the state.

    The Executive is the State. Congress is the house of the people.

    Liked by 1 person

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