> federalism (employment contracts are a matter of state rather than federal law)
While the US's particular brand of federalism might imply that (or might not), that specific bit need not be a feature of federalism in general.
> separation of powers (executive branch agencies enforce the law, they don’t make it)
Decades of legislative delegation and executive rulemaking would seem to disagree with that, no? I'm not making a value judgment on whether or not this is a good thing, just stating the facts on the ground. (SCOTUS seems to want to dismantle all that, though.)
> It’s really appalling how many supposedly educated lawyers would arrive at the wrong answer to something a bright 10th grader could figure out from first principles.
Or maybe reasonable people well-versed in the law can disagree in their interpretations? Not sure if you're a lawyer yourself (I'm not), but it seems to me that disagreements on legal interpretation aren't particularly uncommon, especially when it comes to disputes around separation of powers and state vs. federal powers.
While the US's particular brand of federalism might imply that (or might not), that specific bit need not be a feature of federalism in general.
> separation of powers (executive branch agencies enforce the law, they don’t make it)
Decades of legislative delegation and executive rulemaking would seem to disagree with that, no? I'm not making a value judgment on whether or not this is a good thing, just stating the facts on the ground. (SCOTUS seems to want to dismantle all that, though.)
> It’s really appalling how many supposedly educated lawyers would arrive at the wrong answer to something a bright 10th grader could figure out from first principles.
Or maybe reasonable people well-versed in the law can disagree in their interpretations? Not sure if you're a lawyer yourself (I'm not), but it seems to me that disagreements on legal interpretation aren't particularly uncommon, especially when it comes to disputes around separation of powers and state vs. federal powers.