re: Lets have an open and rhetoric free discussion about Executive Power

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I think by and large that does happen but at the same time the legislative process simply cannot always handle national problems. An executive order of the President must find support in the Constitution, either in a clause granting the President specific power, or by a delegation of power by Congress to the President. If it doesn't, the Supreme Court has the authority to invalidate an EO and has done so in the past. That, to me, is a properly function checks and balance system on all 3 branches.

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The only branch that can curb the executive branch is the Supreme Court. I feel as though Congress has allowed the executive branch to intrude on its powers.

Professor Turley has been advocated the government has actually become a de facto 4 part body. Turley agrees with the programs but not the means by which the President is using. The problem is the courts don't want to give access into these legal challenges of EO. A big problem the "standard barrier" in order to open up more challenges.

The answer is "member standing" where members of congress have the right to challenge the Presidents authority. This at least allows some debate about the powers of the Presidency. Our courts would have to at least have to hear cases brought by congressional members. I think the founders would be alarmed by the lack of check and balances by courts these days.