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
    • Flashback: Barack Obama on the “biggest problems we’re facing”

      Senator Barack Obama, 2008: “The biggest problems that we’re facing right now have to do with George Bush trying to bring more and more power into the executive branch and not go through Congress at all. And that’s what I intend to reverse when I’m president of the United States of America.” Some foolish voters thought that Obama meant that the big problem was that George Bush ...

      David Bernstein/ The Volokh Conspiracy- 3 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 and the Department of Health and Human Ser ...

      Constitution Daily- 5 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- 2 readers -
  • Targeting the Constitution

    …; only those “involved in … educating on the Constitution” are captured by this criterion. This viewpoint targeting potentially skews every national debate about politics or government. And the skew in not strictly liberal; indeed, it should trouble liberals as much as conservatives. The ultimate checks on executive power are to be found…

    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 -
  • Can Congress declare war on North Korea?

    … of Israel and its government – sitting in Jerusalem – are recognized by the U.S. So the present question involves something different – a “geographic” recognition. Even if the recognition proper is an particular executive prerogative, there is no precedent for “geography” being an exclusive executive power. Thus this case differs from all prior…

    Eugene Kontorovich/ The Volokh Conspiracy- 13 readers -
  • So, Erwin Chemerinsky and John Eastman walk into a brief…

    …, properly understood, simply does not raise the major questions about presidential recognition powers with which it is often associated. We are not arguing about the exclusivity of President’s recognition power. Rather, even a thin view of Congress’s enumerated powers requires it to be able to determine where places are. Moreover, Congress can…

    Eugene Kontorovich/ The Volokh Conspiracy- 3 readers -
  • The case for (and against) congressional standing to sue the president

    … This past week, the House Rules Committee approved a resolution authorizing a lawsuit against the executive branch for unlawfully delaying the PPACA’s employer mandate penalty. On July 25, attorney David Rivkin and FIU law professor Elizabeth Price Foley took to the Post‘s pages to outline the reasons they believe the House has standing to pursue…

    Jonathan H. Adler/ The Volokh Conspiracy- 13 readers -
  • All nine justices reject recess appointments in Noel Canning

    … The Supreme Court has issued yet another opinion unanimous in the judgment: Noel Canning v. NLRB. All nine justices conclude that President Obama’s recess appointments to the National Labor Relations Board were invalid. Justice Breyer, writing for the Court, rests on the conclusion that the Senate’s pro forma sessions were valid and the Senate…

    Jonathan H. Adler/ The Volokh Conspiracy- 11 readers -
  • Gore Vidal: The United States of Amnesia. Movie review

    … Gore Vidal was one of the most important American public intellectuals from the late 1940s until the early 20th century. If you’re not familiar with him, then I highly recommend that you view the new biographical movie Gore Vidal: United States of Amnesia, which is available as video on demand. The kind of person who reads the VC and other…

    David Kopel/ The Volokh Conspiracy- 11 readers -
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