For the most part judges serve as a critical link in the ordinary flow of administration.
When Leandra English, former chief of staff to the former director of the Consumer Financial Protection Bureau, asked a federal judge to block President Trump’s appointment of Mick Mulvaney to replace her departing boss Richard Cordray, and to install her as the CFPB’s rightful leader, Judge Timothy J. Kelly of the Federal District Court in Washington, D.C., denied her request. Yet English’s legal team, rejecting the idea that President Trump held the directorship in his hands pursuant to the Federal Vacancies Reform Act of 1988 and Article II of the Constitution, has since vowed to continue its resistance to the President’s action.
The Constitution’s aim to limit the influence of factions and passion gets the lion’s share of attention among modern readers of The Federalist. To be sure, these are critical aspirations, as much or more so today as they were in the 1780s. These aspects of the Constitution’s underlying theory, however, so dominate discussion that students often overlook another theme developed throughout The Federalist, the significance of knowledge and information in policy making, and how constitutional structure can elicit more rather than less knowledge and information.