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re: Lets have an open and rhetoric free discussion about Executive Power
Posted on 2/18/14 at 9:44 pm to Mike da Tigah
Posted on 2/18/14 at 9:44 pm to Mike da Tigah
quote:
Certainly. We elect congressional members as our representatives to legislate. The Executive branch was never intended to legislate, and neither was the Judicial. Their roles are clearly laid out in our constitution. If we don't take that literally, or try to skate what we see as an obstacle in our way (the constitution that is) and play games rather than keep a strict adherence to the spirit of the Constitution then we can now throw it all out as bullshite.
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.
This post was edited on 2/18/14 at 9:46 pm
3
Posted on 2/18/14 at 9:56 pm to Draconian Sanctions
quote:
That, to me, is a properly function checks and balance system on all 3 branches.
Yet, the politics have so seriously crept into the USSC to the point where I'm not sure how hard they check all the time.
Just looking at a run down on all the executive orders given from the office it's amazing how they dramatically amped up from Lincoln on.
LINK
Posted on 2/18/14 at 11:26 pm to Draconian Sanctions
quote:
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.
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.
This post was edited on 2/18/14 at 11:28 pm
Posted on 2/19/14 at 6:35 am to Draconian Sanctions
quote:
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.
Pretty much spot on. What concerns me about what has happened this century is that neither Congress nor the Supreme Court seems to want to do its job as a check and balance. That tells me that they're pretty much OK with what's going on in the Executive, which will lead to further abuses.
Unfortunately, in today's politically-correct climate, no one has the political will to challenge our sitting President and at least try to curb the use of EOs.
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