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Sat Nov 16, 2019, 07:09 AM

AG Barr Delivers 19th Annual Barbara K. Olson Memorial Lecture at Federalist Soc. Convention

Attorney General William P. Barr Delivers the 19th Annual Barbara K. Olson Memorial Lecture at the Federalist Society's 2019 National Lawyers Convention
Washington, DC
~ Friday, November 15, 2019

{snip}

II.

We all understand that the Framers expected that the three branches would be jostling and jousting with each other, as each threatened to encroach on the prerogatives of the others. They thought this was not only natural, but salutary, and they provisioned each branch with the wherewithal to fight and to defend itself in these interbranch struggles for power.

So let me turn now to how the Executive is presently faring in these interbranch battles. I am concerned that the deck has become stacked against the Executive. Since the mid-60s, there has been a steady grinding down of the Executive branchís authority, that accelerated after Watergate. More and more, the Presidentís ability to act in areas in which he has discretion has become smothered by the encroachments of the other branches.

When these disputes arise, I think there are two aspects of contemporary thought that tend to operate to the disadvantage of the Executive.

The first is the notion that politics in a free republic is all about the Legislative and Judicial branches protecting liberty by imposing restrictions on the Executive. The premise is that the greatest danger of government becoming oppressive arises from the prospect of Executive excess. So, there is a knee-jerk tendency to see the Legislative and Judicial branches as the good guys protecting society from a rapacious would-be autocrat.

This prejudice is wrong-headed and atavistic. It comes out of the early English Whig view of politics and English constitutional experience, where political evolution was precisely that. You started out with a King who holds all the cards; he holds all the power, including Legislative and Judicial. Political evolution involved a process by which the Legislative power gradually, over hundreds of years, reigned in the King, and extracted and established its own powers, as well as those of the Judiciary. A watershed in this evolution was, of course, the Glorious Revolution in 1689.

{snip}

I'm sure the speechwriter meant to say "reined in the King," and not "reigned in the King," but what do I know?

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Reply AG Barr Delivers 19th Annual Barbara K. Olson Memorial Lecture at Federalist Soc. Convention (Original post)
mahatmakanejeeves Nov 16 OP
empedocles Nov 16 #1
Unclephil Nov 16 #2
klook Nov 16 #3
Yo_Mama_Been_Loggin Nov 16 #5
Karadeniz Nov 16 #4

Response to mahatmakanejeeves (Original post)

Sat Nov 16, 2019, 07:15 AM

1. If there is a 'deep state' , . . . this 'message' tells us some things

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Response to mahatmakanejeeves (Original post)

Sat Nov 16, 2019, 07:17 AM

2. federalist society

 

upper middle class white kids who think they were victims of discrimination.

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Response to Unclephil (Reply #2)

Sat Nov 16, 2019, 07:36 AM

3. Perfect description. (nt)

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Response to Unclephil (Reply #2)

Sat Nov 16, 2019, 07:40 PM

5. Won't someone think about the poor trustafarians?

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Response to mahatmakanejeeves (Original post)

Sat Nov 16, 2019, 05:11 PM

4. Moron.

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