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A Law Clerk's Reflections on Justice Scalia | The Heritage Foundation

There is no better way to remember of Justice Antonin Scalia, a great jurist and one of the great conservative leaders of our time, than through his words. ....

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Rule of law or rule of men?

The Constitution has been abrogated, suspended, and held in abeyance repeatedly ....

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Detailed text transcripts for TV channel - FOXNEWS - 20180922:23:34:00

Smith, about the appointments clause of the constitution. constitution has an appointments clause, and to sum it up basically, if you re a principal officer, if you seek to be a principal officer in the executive branch in the president of the united states, he is to nominate the individual, and that person typically gets hearings, maybe not, has to be confirmed by the united states senate. that s the way the frameers wanted it. so we have this special counsel, we have a ruling 30 years ago in a supreme court case, morrison v. olson, the want in court statute, and the court overruled with the great antonin scalia dissenting and provided certain elements in the test, that it s constitutional because the independent counsel is an inferior employee who reports to superior who oversees the case, and there are specific things that this individual is ....

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Detailed text transcripts for TV channel - FOXNEWS - 20180922:23:36:00

If you disagree, say so. the say goes into the decision of morrison v. olson, the case where antonin scalia made his wonderful life, this wolf comes to us in wolf s clothing, talking about how bad the statute is. i think what this shows is how bad that decision was because a superior officer, principal officer has authority to set policy and broad discretion and inferior officer does not. but mueller doesn t really report to anybody. he reports to rod rosenstein, but in fact as you point out, he s got a roving brief that seems unlimited to go in almost any direction he wants, and so i don t know if i want to say that this is directly different from morrison v. olson, it may show morrison v. olson, a, is a bad decision, and b, that the and want you to get a constitutional claim out of ....

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Detailed text transcripts for TV channel - FOXNEWS - 20180922:23:35:00

Investigating. so it s not like, say, a u.s. attorney or assistant attorney general of the united states. all of whom are principal officers, all of whom have to be confirmed by the senate upon nomination of the president of the united states. is this case not a little different than morrison v. olson, you have a special counsel appointed, as gregg says, without specific criminal statutory purpose. more of a general investigator, who has gone in many directions. gone into the eastern district of virginia. gone into manhattan, chasing the manhattan madam or whatever. he pretty much has free reign, signed off by the deputy attorney general of the united states, but even a u.s. attorney depending what cases they get involved in, that has to be signed off by main justice, too. is he not? you may disagree with me, is he not more akin to a u.s. attorney, this special counsel than an inferior prosecutor? ....

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