How Lisa D. Cook's case may end

President Trump firing Lisa D. Cook as a governor of the Federal Reserve has liberals livid, as do every and all acts Our Favorite President.

She is suing to keep her phony baloney job. I am no lawyer but it should be an open and shut case because all presidential appointees should serve at the will and pleasure of the chief of the executive branch of the federal government. But district judges have way too much ego and way too little oversight.

Retro Coast tweeted:

A Federal Judge named Sparkle L. Sooknanan just overruled President Trump on deportation.

Judge Sparkle is from Trinidad. She became a Federal Judge less than six months ago.

So she gets to overrule the President of the United States.

Congress should outlaw judicial veto of the president by district judges like Sparkle—and Boasberg and all the rest. Trump should not have to rely on the Supreme Court to stop this madness, a madness the media encourages.

Justin Jouvenal wrote in the Jeff Bezos Washington Post:

The Supreme Court has already expanded President Donald Trump’s authority in a string of emergency rulings, but he’s signaling in his firing of Federal Reserve governor Lisa Cook and other issues likely headed to the court that he continues to seek broader powers for the executive branch.

The cases could serve as major tests of how much further the nation’s high court is willing to go to bless the president’s assertion of executive authority. They differ from previous showdowns because of the sheer magnitude of the authority Trump is seeking to wield and because he wants greater control over powers the Constitution ascribes to another branch of government.

More power? Just who does he think he is? FDR? LBJ? Barack Hussein Obama?

Jouvenal the Juvenile is OK with Cook and the Federal Reserve having power unchecked to ruin (not run) the economy but opposes having the president save the economy. Democracy dies in darkness. His column had all the brilliance of a black hole.

Cook is a crook. To get a cheap mortgage she claimed primary residences in two states. Tish James, the attorney general of New York, cannot prosecute the case because she, too, claimed two primary residences to get a cheap mortgage.

Three presidents and a postmaster should have decided the matter 99 years ago.

Our story begins in 1864 when the Civil War was dragging and falling out of favor. President Lincoln feared losing re-election. Hannibal Hamlin was tired of being vice president and wanted to return to Maine. Lincoln extended the olive branch to the opposition by picking Democrat Andrew Johnson as his running mate.

That was a fatal mistake because six weeks into his second term, Democrats assassinated him and made Johnson president.

He became instantly despised because he wanted to be a Democrat president despite a veto-proof Congress. Johnson issued 29 vetoes. Republicans overrode 15 of the 21 vetoes they could vote on. 8 were pocket vetoes.

His biggest mistake was firing Republican officeholders. Republicans passed the Tenure In Office Act, which required Johnson to get the Senate’s approval before firing an appointee confirmed by the Senate.

Encyclopedia Britannica (screw Wikipedia) explained, “The act was often taken to have been aimed specifically at preventing President Johnson from removing from office Secretary of War Edwin Stanton, the Radicals [Republican]’s ally in the Cabinet, although during congressional debate on the bill some Republicans declared that Cabinet members would be exempt. Still, the President’s attempt to thwart this law by dismissing Stanton led directly to his impeachment the following year. The Tenure of Office Act was repealed partly in 1869 and entirely in 1887 and was also declared by the U.S. Supreme Court in 1926 to have been unconstitutional.”

Johnson asked General Grant to replace Stanton. Grant said no.

In 1876, Congress passed a law requiring Senate approval before firing local postmasters, a coveted partisan position.

44 years later, President Wilson fired Frank Myers as postmaster of Portland, Oregon. Myers said he had 3 months left in his term and sued. He died before the case reached the Supreme Court but his widow continued the case.

The third president involved in the matter was President Taft who had become the chief justice of the Supreme Court that heard the case.

Encyclopedia Britannica (screw Wikipedia) explained:

Chief Justice William H. Taft, the court held that the provision was an unconstitutional restriction on the president’s power to exercise control over executive personnel under Article II of the Constitution. The president, wrote Justice Taft, “should select those who were to act for him under his direction in the execution of the laws.” Taft added that “as his selection of administrative officers is essential to the execution of the laws by him, so must be his power of removing those for whom he can not continue to be responsible.”

The Founding Fathers vested in the president power over everyone in the government.

Historians David Alvis and Flagg Taylor wrote about the First Congress after passage of the Constitution:

Near the beginning of its very first session, Congress proposed to create its first executive departments in order to attend to the critical business facing the infant nation: Treasury, War, and Foreign Affairs. With the Foreign Affairs (later the Department of State) on the table first, James Madison offered a motion that would prove to be the keystone for the discussion: “that there shall be established an executive department, to be denominated the department of foreign affairs; at the head of which there shall be an officer, to be called, the secretary to the department of foreign affairs, who shall be appointed by the president, by and with the advice and consent of the senate; and to be removable by the president.”

For the next six days, the First Congress would undertake one of the nation’s most sophisticated and informative constitutional debates over the organization of the executive branch in American history. During the course of their discussion, a total of four positions on the issue of removal evolved.

The second one applies here, “Advise and consent: the Constitution vests the removal power jointly in the president and the Senate and Congress cannot confer any other mode.”

It looks like a lock for Trump to triumph. But as Lee Corso would say, not so fast, my friend.

Enter William E. Humphrey, a former congressman whom Calvin Coolidge appointed as chairman of the Federal Trade Commission. Herbert Hoover reappointed him. FDR fired him. He died.

Samuel Rathbun, the executor of Humphrey’s estate, sued arguing that a president cannot fire the head of a regulatory agency, which was ridiculous.

The Supreme Court ruled 9-0 in favor of Humphrey’s Executor. They were full of sewage. All presidential appointees serve at the will and pleasure of the chief of the executive branch, regardless of which president or what auto pen appointed them.

Cook v. USA looks headed eventually for the Supreme Court, which likely will hear the case.

I do not know how the court will decide but my guess is Alito and Thomas will cite the Myers case, Kagan and Sotomayor will cite the Humphrey’s Executor case, and Ketanji “Calvinball” Brown Jackson will cite a Hi and Lois cartoon.