points by rayiner 2 days ago | 0 comments
> The system was created with the assumption that the president would act cautiously and judiciously
Not at all. The founders were focused on having a vigorous executive who could “just do things.” https://avalon.law.yale.edu/18th_century/fed70.asp. The system they created is not based on the premise of cautious bureaucracy. It was based on having frequent elections that would empower a vigorous president and political appointees to carry out what they had campaigned on.
The founders were men of action. They would be horrified by how our government today is run by lawyers through APA litigation. The HR-ification of the American government is a mid-20th century invention.
[–] khriss 2 days ago
> They would be horrified by how our government today
100%, just not in the direction you think. They would be apalled at Trump's blatant, in your face corruption all while the MAGA base cheers him on.
An unreliable source writes, "litigants frequently use the Administrative Procedure Act to argue that an agency acted in an arbitrary and capricious manner, failed to follow required notice-and-comment procedures, or exceeded its statutory authority."