Wednesday, June 8th, 2016
The Constitution
provides that "All legislative powers herein granted shall be vested in a
Congress of the United States," and it goes on to grant Congress a
robust-and fearsome-list of powers. James Madison assumed that "[i]n
republican government, the legislative authority necessarily
predominates," and he cautioned that the legislative department may tend
to "draw[] all power into its impetuous vortex." But modern politics
and law seem to tell a quite different story. With executive orders,
administrative regulations, creative interpretations of federal
statutes, and executive agreements with other nations, it may seem that
the President, not Congress, is, in effect, wielding the most potent
legislative power. Indeed, the Supreme Court is currently poised to
decide whether President Obama's unilateral immigration actions usurped
Congress's power and flouted his duty to "take Care that the Laws be
faithfully executed." But some argue that this is nothing new: they say
that the President is not exercising legislative power; he is simply
exercising his well-established executive discretion. Is Congress still
the most powerful branch, or is this the era of the imperial presidency?
Has the President usurped Congress's legislative power?Link.