The SBA stature provides for various procedures for underwriting the loans. The executive must follow those procedures, because they relate to the substantive operation of the program and determination of private rights. So it can’t just be done by EO. But could Trump actually sit down and do all the work and make the loan? I don’t see any reason why not.
Myers happened to be about removal, but it articulated a broader principle:
> As he is charged specifically to take care that they be faithfully executed, the reasonable implication, even in the absence of express words, was that, as part of his executive power, he should select those who were to act for him under his direction in the execution of the laws.
Myers happened to be about removal, but it articulated a broader principle:
> As he is charged specifically to take care that they be faithfully executed, the reasonable implication, even in the absence of express words, was that, as part of his executive power, he should select those who were to act for him under his direction in the execution of the laws.