Lev Menand
speaker
1,295 appearances
6 recordings
1 series
first heard Jan 2025
last heard 17 Jul
Lev Menand’s voice in public audio — every appearance, attributed to the second.
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recordings per month · last 12 monthsRecordings per month over the last 12 months — 2 in all, peaking in Jul 2026 with 1.
Appearances
Formalist separation of powers theory basically accommodates this by saying the Constitution structure requires
that these powers be completely separated except where it explicitly says they can be blended.
And they can't really tell us.
I feel like I can make a defense of this.
Yeah, the tension is just that if you think that the president is there to check Congress by executing the law as the president sees fit and not as Congress forces the president, then you're going to experience a tension from the fact that the president can't make.
The appointments the president wants to help the president carry out the president's duty.
The president is stuck getting the Senate to consent.
Otherwise, that person can't serve.
And that does reflect a sense that the president is not absolute.
in law execution.
And you might think that it follows naturally that Congress can shape the executive branch through limits on removal.
But that is what this court just said.
Congress can't do, except for the Fed.
Because, and let's just go back to it for a second, because Alexander Hamilton thought independent monetary policy was important, which is true.
But the huge mistake that they're making, just a fundamental logical failure here, is that the first bank of the United States, which is what Alexander Hamilton was advocating for, was a investor-owned commercial bank.
It was not in any way
abrogating the president's rights to remove executive officers.
Nobody at the First Bank of the United States was an executive officer.
It's not a government body.
It's not a regulator.
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