Finally, respondents Gwynne Wilcox and Cathy Harris
contend that arguments in this case necessarily implicate
the constitutionality of for-cause removal protections for
members of the Federal Reserve’s Board of Governors or
other members of the Federal Open Market Committee.
See Response of Wilcox in Opposition to App. for Stay 2−3,
27−28; Response of Harris in Opposition to App. for Stay 3,
5−6, 16−17, 36, 40. We disagree. The Federal Reserve is a
uniquely structured, quasi-private entity that follows in the
distinct historical tradition of the First and Second Banks
of the United States. See Seila Law, 591 U. S., at 222, n. 8.
If anything, Hamilton is the herald of the last bastion of independence these days.
05.03.2026 03:58 —
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divided by the square of the humors
05.03.2026 03:52 —
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AI reaches the Supreme Court
05.03.2026 02:31 —
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to clarify the issue:
Justice Thomas cites Case of Proclamations as a foundational text for nondelegation doctrine
The Case of Proclamations actually dealt with the English equivalent of an Article II inherent power claim
05.03.2026 02:02 —
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The Question of Implied Powers, Part V: McCulloch v. Maryland, the First Question
Musings on Constitutional Philosophy
Good evening, y'all!
Tonight on Constitutional Perspectives, it's the grand climax of the module on implied powers. That's right, it's my detailed analysis of the first question in McCulloch v. Maryland!!!
eveningconstitutional.net/the-question...
05.03.2026 00:41 —
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totally
the issue for modern scholars—almost a century of them at this point--is that they read what *Hamilton's* peers meant by a monarchist as standing for what would count as monarchical *today*
05.03.2026 00:43 —
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ps lol i did appreciate that
04.03.2026 23:16 —
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i'm 10000% serious when i say i can't wait to see the emergence of the argument. I just don't know how far into the exec branch papers i'll have to wait? @andrewkent.bsky.social has a draft charting the emergence of the argument from executive branch lawyers in the 19c but i don't believe yet posted
04.03.2026 23:16 —
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he had a whole ear thing, dont judge
04.03.2026 22:47 —
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Me and Julian in the archives this month:
04.03.2026 22:44 —
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there was a point in the late 20teens when I went from super curious about what 1780s evidence for the "vesting clause thesis" / Royal Residuum would look like, to realizing that day would never come
hoping to see glimmerings in the 1790s! at some point the white whale will surface and blow, yes?
04.03.2026 22:47 —
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finally in deep archival mode again after far far too long away
and lord, the more I read by Hamilton the executive officer with Washington's ear, the more bizarre it seems that he's been transmogrified into a prophet of the royal residuum.
04.03.2026 22:40 —
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eventually becomes Conan the White
04.03.2026 22:11 —
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Actually, I’ll be more direct: I don’t think it’s just interesting, I think it’s an inaccurate analysis.
04.03.2026 13:52 —
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It’s interesting that Talarico’s religious appeals are framed primarily as a reach across the aisle here.
In his particular case, I think that’s *part* of the effort come the general. But his slogan was “let’s flip some tables” — a theological argument aimed at the Democratic base, not Republicans.
04.03.2026 13:51 —
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“I said where’d he go?
“Goose said where’d *who* go??
“And he was laughin at us over the radio”
04.03.2026 01:08 —
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this cannot be true….. can it
04.03.2026 01:07 —
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how I arrived on Bluesky
04.03.2026 00:09 —
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lol dangit I’m trying to save the paragraphs here : )
03.03.2026 21:02 —
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i read him that way too! But that reading makes a total bash of the case of proclamations.
03.03.2026 21:01 —
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I’ve ask for help resuscitating the patient fitzy not burying it!
03.03.2026 20:37 —
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thank you!
03.03.2026 20:36 —
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Thomas’s dissent in Learning Solutions cites Case of Proclamations (1611) as evidence a nondelegation principle in English law.
UK law and English legal history peeps — I’m trying to muster a reading of these paragraphs that rescues them from elementary error. Can anyone help me see one?
03.03.2026 20:11 —
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hard same
03.03.2026 17:32 —
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Breyer wins the Souter Award for most touching remembrance of a late colleague:
10.05.2025 17:40 —
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Good advice! And it goes for institutions as well as people.
03.03.2026 01:13 —
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new blootski who dis
03.03.2026 01:18 —
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agree!
*And also*, if dolley saw something there, that counts fr something
03.03.2026 00:57 —
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Intellectual is the prompting concern
But I’m trading on other turdlinesses in my declaration of his status
03.03.2026 00:49 —
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