of course it is. the judicial review wasn t even invented in marbury versus madison. in federalist 78, we say marbury created it. the review exists there. so it s a corrected application. but the reason i m hesitating let me bring this back to the current context in why all of this is of concern to me and relevant. i didn t finish my answer. a series of public states resent about your enthusiasm for overturning morrison and you re not going to comment on that here. you won t answer that question here. you have a recent decision as a d.c. circuit judge where you forcefully articulate this unitary executive theory that would give the president significantly more power and if humphries executor is at any risk, we might then see a whole series of agencies moved or whole series of long established protections from at-will removal
i would put the final nail in, let me go back to that question. would you vote to overturn morrison? senator, i m not going to say more than what i said before. i think what you said before is clear. i think your enthusiasm for overturning morrison is unmistakable. [protesters in the background]. i want to repeat two things, senator that are important. humphries is the precedent that stands on independent agencies generally. two is the special counsel system both in the phh decision recently and in the old georgetown law journal article, i specifically said that that is the traditional way that criminal investigations proceed