Good post…one disagreement:
> Trump can even legally shut down the FBI and the DOJ at any time, if he wanted to. The FBI and DOJ are PART of the EXECUTIVE BRANCH. Trump is in total CONTROL.
Not exactly. He can order the directors and AG to stand down. But this is where the Constitution can be a bit tricky. At the risk of splitting hairs, let me explain, because it could potentially be of future benefit in the future:
The DOJ and FBI are NOT full-fledged components of the executive branch. That's correct - only those department of ageny heads are….ALL executive agencies have been created through acts of Congress…including the DOJ, the DOD, etc…the Constitution explicitly names two members of the executive - the President and Vice-President. This, of course, does not mean he cannot delegate authority, but even then Congress can decide not to pay these individuals. The whole of the Executive branch (minus POTUS and VICE) rests in the hands of Congress. Executive departments and agencies are created by Congress pursuant to the Article I section 8 necessary and proper clause…Congress creates these departments and tomorrow Congress could dissolve them. They could even refuse, constitutionally, to pay the AG a salary. This is why all members of these agencies can be subpoenad by Congress and they MUST respond under penalty of law…and why Congress has unlimited oversight over any executive agency. They are created by Congress and given to the executive so he may carry out his duties. If they don't, then the President must grab a pistol and go out and catch criminals himself. So, why we speak of them as the executive branch, they're really not…they are Article I in origin.
It works the same with with all courts below the SC…they are Article I courts created through acts of Congress. Why is this important? Because it means that almost the entirety of the executive branch is under oversight and control of Congress…a responsibility they have completely abandoned which got us into this mess to begin with. BUT…it also means that the President has a fundamental Article II authority to protect and defend the Constitution and the borders not dependent upon Congress. Imagine, if you will, the day after the first elections….no laws, no agencies, no lower federal courts…does the President have the authority to apprehend spies? Can he act to repel an invasion or does he have to wait for an act of Congress…can he call up the militia? Does POTUS have to rely on Congressional definitions of "enemy combatants" or is this judgement allowable under the law of nations and the President's fundamental Article II authority?
This is important to remember…because if POTUS is somehow impeached and the Senate tries to remove him, or if there is an attempt to forcibly remove him from power, then this fundamental Article II presidential authority WILL be exercised.