What This Latest Supreme Court Ruling Means For Every President - Chamath Palihapitiya
219 segments
Does the power reside with the president
to make large scale or you know riffs or
do they have to consult Congress first?
Your thoughts on this issue?
>> It's an incredibly important ruling,
incredibly right.
I think President Trump should have
absolute leeway to decide how the people
that report to him act and do their job.
M
>> if you take a step back, Jason, there
are more than 2,000 federal agencies,
employees plus contractors,
I think number almost 3 million people.
If you put 3 million people into 2,000
agencies,
and then you give them
very poor and outdated technology, which
unfortunately most of the government
operates on, what are you going to get?
You're going to get incredibly slow
processes.
You're going to get
a lot of checking and double-checking
and you're going to ultimately just get
a lot of regulations because they're
trying to do what they think is the
right job. So since 1993, what have we
seen? Regulations have gotten out of
control. It's like a 100,000 new rules
per some number of months. Like it's
just crazy. So eventually we all succumb
to an infinite number of rules that we
all end up violating and not even know
it.
>> So if the CEO of the United States,
President Trump, isn't allowed to fire
people, then all of that stuff just
compounds. So I think that this is a
really important
thing that just happened. It allows us
to now level set how big should the
government be? But more importantly, the
number of people
in the government are also the ones that
then direct downstream spend that make
net new rules. And if you can slow the
growth of that down, you're actually
doing a lot. In many ways,
I wish Elon had come in and created Doge
now.
>> Like, could you imagine if Doge was
created the day after this Supreme Court
ruling? It would have been a totally
different outcome, I think, because with
that Supreme Court ruling in hand, these
guys probably would have been like a hot
knife through butter,
>> Travis.
>> So, I I think it's a big deal.
>> Except that ruling doesn't happen
without Doge. That Doge caused that
ruling to occur.
>> True. Well, the EO did you could have
passed all that was all Doge style,
though. You know what I'm saying? It was
>> If if they wasn't firing people, yeah,
they probably wouldn't felt the need to
your point, Travis, to actually file
this. Travis, if you are living in the
age of AI efficiency right now,
operations of companies is changing
dramatically. Can you imagine telling
somebody you you can be CEO, but you
can't change personnel. That's the job.
You get to be CEO, but you just can't
change the players on the team. You can
buy the Knicks, but you can't change the
coach.
>> No, you can grow it. You just can't
shrink it.
>> It's like a It's like running a
unionized company, which actually does
exist or largeized companies where you
can't do any of these things,
>> right? Do do they still exist or are
they all gone?
>> They're going quickly.
>> Yeah, probably.
>> I think this just gets back to what what
is actually Congress authorizing when a
bill occurs. And there's certain things
that are specific and certain things
that aren't. And I don't I'm not sure
that in a lot of these bills, it's not
very specific about exactly how many
people must be hired. And so if it's I'm
just doing the common man's sort of
approach to this, which is like if if
the law says you have to hire X number
of people, then that is what it is. If
the law says you here's some money to
spend, here are the ways in which to
spend it, but it's not specific about
how many people you hire, then that is
different.
>> Yeah. It should be outcome based. Hey,
here's the goal. Here's the the key
objectives, right?
>> Travis Travis is totally right. Like
there are there's a variety of different
laws, some with incredible
specificities, some with very broad
mandates. The Constitution clearly says
that all executive power resides in the
president of the United States. Period.
There's no exceptions there. However,
Congress does appropriate money and post
Watergate,
many people think Congress has the power
to force the president to spend the
money. And you can debate that. You can
debate it on a per statute basis. and
that will be more nuanced and that's
going to get litigated whether the
president can refuse to spend money that
Congress explicitly instructed him to
spend sometimes called empowerment.
That's a very interesting intellectual
debate. This one's a little bit easier.
It'll get more complicated again like
this EO is only approved to allow for
the planning. I think the vote might be
closer. I think there's still a majority
on the Supreme Court for the actual
implementation, but it may not be 81
when there's a specific plan that has to
navigate its way through the courts
again.
>> Yeah, it's super fascinating.
Yeah. I wonder if they're going to get
to the point where they're going to say
in every bill, you need to hire this
number of people to hit
>> I don't I don't know if they can. Like
that's where it gets borderline
unconstitutional. like where you
actually prescribe that the president in
the exercise of his constitutional
duties has to hire certain number of
people
>> that feels pretty precarious.
>> Well, I I I'm not sure, Keith. It's just
like they prescribe a whole bunch of
other things like you must you must
appropriate money for to this specific
institution to do this specific work.
But that's not an executive function.
Like if you said like the secretary of
state has to have x number of employees
doing something. The secretary of state
is your personal representative to
conduct foreign affairs on behalf of the
president of the United States. It gets
a little bit more messy as you translate
it to people um that the president
should I mean yes Congress does set you
know which people are subject to Senate
confirmation, what their salaries and
compensation bans are. So it's it's
never going to be fully binary where the
president can do whatever he wants and
it's never gonna I don't think it'll be
constitutional for Congress to mandate
and put all kinds of handcuffs on the
president.
>> Well, then you you also have performance
that comes in here. What if you look at
the Department of Education? You say
scores have gone down. We've spent this
money. We're not getting the results.
Therefore, these people are incompetent.
Therefore, I'm firing them for cause and
I'm going to hire new people. How are
you going to stop the executive from
doing that? There's been a bunch of
litigation, you know, in parallel to
this litigation about the president's
ability to fire people. And for the most
part, the Supreme Court's basically,
with maybe the exception of the Federal
Reserve chair, said that the president
can fire pretty much anybody he wants.
>> I mean, that's the way to go is like I
mean, I hate to be cut, but if the
results aren't there,
>> I think if they're presidential Yeah. If
they're a presidential appointee, the
president should be able to fire you at
will. Just like if you were a VP at one
of our companies, the CEO should be able
to fire you at will.
>> But what about Keith? If the whole
department sucks. Hey, you guys were
responsible for early education. You had
to put together a plan. The plan failed.
Everybody's fired. We're starting over.
Like, you should be allowed to do that.
How are we going to have an efficient
government?
>> Some of these departments were created
by congressional statute like the
Department of Education in 1979. And
you're right, every single educational
stat has got worse in the United States
since the department was created. But
there is a law on the books that says
there shall be a department of
education. So you may have to repeal
Ask follow-up questions or revisit key timestamps.
The discussion delves into the intricate balance of power between the U.S. President and Congress concerning the management and staffing of federal agencies. Prompted by a recent Supreme Court ruling, participants debate the President's authority to hire and fire federal employees, contrasting it with congressional mandates and appropriations. Key issues raised include the inefficiencies of a large federal bureaucracy, reliance on outdated technology, and the proliferation of regulations. The conversation explores the constitutional principle of executive power, the implications for government efficiency, and specific examples like the Department of Education's performance, ultimately questioning how much control the President should have to streamline government operations.
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