When I wrote recently that the Roberts Court appears to be restoring the constitutional boundaries between Congress, the President, and the federal courts, I had no idea that only days later the Supreme Court would decide a case that answered a constitutional question I had personally wrestled with thirty-five years ago.
This week’s decision overruling Humphrey’s Executor is being reported as another dispute over presidential power. I see it differently. I see it as the Supreme Court finally resolving a constitutional argument that took place inside the George H. W. Bush Administration in 1991.
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