Executive Power

The executive is the part of government that has sole authority and responsibility for the daily administration of the state. The executive branch executes or enforces the law. The division of power into separate branches of government is central to the idea of the separation of powers.The separation of powers system is designed to distribute authority among several branches — an attempt to preserve individual liberty in response to tyrannical leadership throughout history. The executive officer is not supposed to make laws (the role of the legislature) or interpret them (the role of the judiciary).
Posts about Executive Power
  • (Mis)Measuring executive overreach revisited

    … This week USA Today published an extensive story on President Obama’s use of presidential memoranda (PMs) in lieu of executive orders (EOs). Here’s a snippet: President Obama has issued a form of executive action known as the presidential memorandum more often than any other president in history — using it to take unilateral action even as he…

    Jonathan H. Adler/ The Volokh Conspiracy- 2 readers -
  • One big obstacle stands in way of House lawsuit against Obama

    … One big obstacle stands in way of House lawsuit against Obama November 24, 2014 by NCC Staff House Republicans have filed a lawsuit against President Barack Obama they first approved in July, but the legal action will need to tackle a significant legal hurdle to move forward. On Friday, the GOP leaders sued the Treasury Department…

    Constitution Daily- 7 readers -
  • President Obama should not act unilaterally on immigration

    … to recognize that his own immediate political interests and policy goals, his own pursuit and exercise of power, are and must be subordinate to the greater long-term public interest in the Constitution and the rule of law. Just because a president can do something, doesn’t mean he should. And if doing something means establishing a precedent that it’s okay…

    David Bernstein/ The Volokh Conspiracy- 10 readers -
  • The Article I power in Zivotosfky v. Kerry

    … With oral arguments in the Jerusalem passport case next Monday, Prof. Jack Goldsmith argues today that Supreme Court should avoid the difficult questions of exclusive executive power in Zivotosfky v. Kerry by ruling that Congress lacks Art. I power to have passed the statute in the first place. I agree with him on the avoidance, but think…

    Eugene Kontorovich/ The Volokh Conspiracy- 3 readers -
  • Targeting the Constitution

    … U.S. Constitution (Courtesy U.S. Archives) It is now well known that the IRS targeted tea party organizations. What is less well known, but perhaps even more scandalous, is that the IRS also targeted those who would educate their fellow citizens about the United States Constitution. According to the inspector general’s report (pp. 30 & 38…

    Nicholas Quinn Rosenkranz/ The Volokh Conspiracyin Pennsylvania- 7 readers -
  • Linda Greenhouse on Noel Canning

    … into their false ‘presidential power grab’ narrative.” This is simply bizarre. What the Supreme Court held — unanimously — in Noel Canning is that President Obama exceeded his power and violated the Constitution by making recess appointments that he had no constitutional authority to make. Obama used to be president of the Harvard Law Review. He purports…

    Nicholas Quinn Rosenkranz/ The Volokh Conspiracy- 9 readers -
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