There is no doubt in my mind that Article II limits to a considerable degree the application of the obstruction statutes to the president when he is acting in his capacity as chief law-enforcement officer of the country. Benjamin Wittes More Quotes by Benjamin Wittes More Quotes From Benjamin Wittes The nature of constitutional delegations of power is that they entitle the empowered official to do certain things that other people can't do. Benjamin Wittes things nature power people I normally try to ignore presidential tweets. Benjamin Wittes normally try ignore presidential The idea that the president doesn't interfere in law-enforcement investigative matters is one of our deep normative expectations of the modern presidency. But it is not a matter of law. Legally, if the president of the United States wants to direct the specific conduct of investigations, that is his constitutional prerogative. Benjamin Wittes deep expectations matter law If Trump wants to corruptly direct the conduct of an investigation in order to out an FBI source who was helping our government investigate Russian interference in our electoral processes, well, Article II of the Constitution begins with these terrifying words: 'The executive Power shall be vested in a President of the United States of America.' Benjamin Wittes words constitution government power The notion of law enforcement as professional, not political, began developing as an aspiration and an ethos even while, in practice, the FBI was the personal fiefdom of J. Edgar Hoover. Benjamin Wittes professional political practice law For those who support same-sex marriage - and I support it without reservation - the ideal of equality and the belief in the dignity of same-sex relationships necessarily makes the issue seem a great deal like the civil-rights struggles of the past. Benjamin Wittes great equality marriage past Conservatives complain that the Supreme Court is too liberal. Liberals complain that it's too conservative. Both charges are inaccurate: in reality the Court is a careful political actor that arguably represents the center of gravity of American politics better than most politicians do. Benjamin Wittes better politics political reality In general, liberals fear conservative judges far too much. In almost all areas, in fact, they dramatically overstate the stakes. Benjamin Wittes judges conservative too-much fear The foundations of modern civil-rights law are exceptionally secure. Conservative judges nibble around the edges sometimes, and people still debate the constitutionality of affirmative-action programs. But almost no one seriously argues about the basic meaning or legitimacy of core civil-rights protections. Benjamin Wittes debate law sometimes people Although environmental groups sometimes raise issues in the confirmation process, environmental protection is not central to the fear-mongering of the liberal interest groups that oppose conservative judges. But the threat to basic environmental protections from conservative jurisprudence is broad-based and severe. Benjamin Wittes raise environmental process sometimes Liberals have been overselling the threat to reproductive rights for decades. Benjamin Wittes reproductive been decades rights I generally favor permissive abortion laws. Benjamin Wittes generally favor laws abortion A generation of women has grown up thinking of reproductive freedom as a constitutional right, and the Court should not casually take away rights that it has determined the Constitution guarantees. Benjamin Wittes constitution women freedom thinking Stability in law - particularly constitutional law - is critically important; the Supreme Court would do well to remember that. Benjamin Wittes well important law remember One effect of Roe was to mobilize a permanent constituency for criminalizing abortion - a constituency that has driven much of the southern realignment toward conservatism. Benjamin Wittes much abortion conservatism permanent
