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
    • Is Netanyahu’s address to Congress unconstitutional?

      Likely yes, says University of San Diego’s Michael Ramsey, for the reasons enumerated here. Basically, the point is that the president and not Congress has the constitutional authority to receive foreign leaders. I’d put the question slightly differently. Netanyahu can’t be acting unconstitutionally, because he’s not bound by the American Constitution.

      David Bernstein/ The Volokh Conspiracy- 5 readers -
    • The President’s power not to enforce the law

      This panel was part of the 17th Annual Federalist Society Faculty Conference held on January 3-4, 2015 at the Omni Shoreham Hotel in Washington, DC. Welcome 9:00 am-9:15 am --Lee Liberman Otis, Senior Vice President & Director, Faculty Division --Prof. Daniel B. Rodriguez, President, Association of American Law Schools & Dean, Northwes ...

      Eugene Volokh/ The Volokh Conspiracy- 10 readers -
    • The President’s Duty of Good Faith Performance

      I admit initially to being ambivalent about the constitutionality of President Obama’s executive actions on immigration. Just ask my students. As I explained in class, on the one hand it did seem to flout the President’s duty to “take care that the laws be faithfully executed.” On the other hand, as a former prosecutor, I am well aware of the inevitability of prosecutorial discretion.

      Randy Barnett/ The Volokh Conspiracy- 3 readers -
  • District court dismisses suit against President Obama’s immigration initiatives

    … Yesterday a federal district court in the District of Columbia dismissed a lawsuit filed by Maricopa County, Arizona Sheriff Joe Arpaio against President Obama’s executive actions on immigration. Whereas another district court stretched to opine on the lawfulness of the Administration’s policy, Judge Beryl Howell demurred, declining to find…

    Jonathan H. Adler/ The Volokh Conspiracy- 7 readers -
  • (Mis)Measuring executive overreach revisited

    … Truman ignores the rate at which such actions are taken. As the data compiled by USA Today show, Presidents John F. Kennedy and Jimmy Carter were far more active, quantitatively, on an annual basis. A fairer quantitative measure than the absolute number of actions would be the number of such actions taken per year or per term, though this still would…

    Jonathan H. Adler/ 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…

    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 -
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