In most rule of law democracies the law is above the president.
The civil servants are beholden to the law as passed by the representatives of the people, the chief executive can only give orders as allowed by the law.
Granted there will be times of murkiness that require interpretation.
But "fuck it I'm the president and everything I say is legal" is not a valid interpretation in any democracy I know of.
Given the context in which you answered, it is wrong. The president carries out the law, but isn't above the law, doesn't decide what is the law, and his actions are to be verified, if necessary, if conform to the law. His authority is not the law, but executing the law.
In the USA, both are true. Civil servants can (and should) refuse to follow an order they think is unconstitutional, illegal, or simply unwise. But this won't stop them from being fired for insubordination. I don't think the courts will attempt to force the president to retain subordinates that are actively opposing him on the job.
If they can still be fired, then what does it even mean to say that they can refuse to follow an unconstitutional order? Refusal to follow any order is not illegal. If the consequences for refusing to follow an illegal order are the same as the consequences for refusing to follow a legal order, then there is no sense in saying civil servants can refuse illegal orders.
That’s simply not true. Congress has the power to organize the executive branch, not the president. Congress created the agencies and departments and they cannot be closed by the president.
My understanding is that everyone takes the same oath of office to the constitution, not their boss:
> The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution …
Yes, like the 7 DoJ prosecutors who chose to resign last week rather than sign a dismissal of the charges against Eric Adams, because it was an obvious quid pro quo, and the case against Adams is very strong. There's absolutely no legitimate justification for not prosecuting Adams.
The dismissal was eventually signed and filed by Emil Bove, a very recent Trump appointee, whose former job was as one of Trump's criminal defense lawyers.
The stink of corruption is heavy around Trump and Musk.
In most rule of law democracies the law is above the president. The civil servants are beholden to the law as passed by the representatives of the people, the chief executive can only give orders as allowed by the law. Granted there will be times of murkiness that require interpretation. But "fuck it I'm the president and everything I say is legal" is not a valid interpretation in any democracy I know of.
Generally when you reach that point it ceases to be a democracy.
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Given the context in which you answered, it is wrong. The president carries out the law, but isn't above the law, doesn't decide what is the law, and his actions are to be verified, if necessary, if conform to the law. His authority is not the law, but executing the law.
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This is (merely) an argument to roll back the power of the executive branch. It is what it is.
Important to note that USA is a republic, typically in Europe parliamentarianism.
Is that meant to support some position, what do you even mean? In republics the executive has all the powers?
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In the USA, both are true. Civil servants can (and should) refuse to follow an order they think is unconstitutional, illegal, or simply unwise. But this won't stop them from being fired for insubordination. I don't think the courts will attempt to force the president to retain subordinates that are actively opposing him on the job.
If they can still be fired, then what does it even mean to say that they can refuse to follow an unconstitutional order? Refusal to follow any order is not illegal. If the consequences for refusing to follow an illegal order are the same as the consequences for refusing to follow a legal order, then there is no sense in saying civil servants can refuse illegal orders.
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So, if the president orders a public employee to execute a random person on the street, they have no legal basis to refuse?
Probably not.
https://en.m.wikipedia.org/wiki/Disposition_Matrix
This was the specific argument raised in the SC verdict - but this is a question of whether the President is immune.
The question here is just BS. The President created organizations to enact the executives will.
The executive is now saying they want the power to come back to them. Which it always was - they had to work through the structures they created.
Apparently they dont want the institutions.
That’s simply not true. Congress has the power to organize the executive branch, not the president. Congress created the agencies and departments and they cannot be closed by the president.
Edit:
Constitutional explanation: https://www.law.cornell.edu/constitution-conan/article-2/sec...
report on Congress control of executive branch agencies https://crsreports.congress.gov/product/pdf/R/R45442/2#:~:te...
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My understanding is that everyone takes the same oath of office to the constitution, not their boss:
> The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution …
Yes, like the 7 DoJ prosecutors who chose to resign last week rather than sign a dismissal of the charges against Eric Adams, because it was an obvious quid pro quo, and the case against Adams is very strong. There's absolutely no legitimate justification for not prosecuting Adams.
The dismissal was eventually signed and filed by Emil Bove, a very recent Trump appointee, whose former job was as one of Trump's criminal defense lawyers.
The stink of corruption is heavy around Trump and Musk.
That is the unproven unitary executive concept.
It's true only insofar as Congress won't impeach and remove from office.