@Phil Congress is the only representative element of our Constitutional system. Courts can only “legislate” when Congress abdicates (except the Supreme Court, when they Constitutionalize issues, ought to be much harder). Congress can insist upon its meanings. If we want a functioning democracy, delegating neither to the president nor the courts will get us there. We need to reform how we elect and incentivize Congress, to render it vigorous. 1/

@Phil Re what if there’s a catastrophic official when Congress is on leave, almost always independent agencies permit Presidential termination for cause. If “catastrophic” is just disagrees with the President, that’s what independent agencies are supposed to enable. In extreme cases, Congress can always convene. Again, the vigor or Congress—not the courts, or the President, or the Fed—is the heart of our problem. There’s no democracy in our system without repairing Congress./fin