If the framers had taken into account the creation of political parties when they drafted the Constitution, they would have written a different document. Instead, they viewed what they called factions with hostility and suspicion and left consideration of them out.

Shortly after the election of George Washington, divisions developed within his cabinet, and political parties were created. The framers also saw Congress as the most powerful branch of government and would have been shocked by the unitary executive theory or recent immunity ruling by SCOTUS that expanded presidential power. They feared kings.

SCOTUS is reconsidering Humphrey’s Executor (1935) and may overturn it, which prevents the president from firing members of independent agencies created by Congress. The framers would no

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