Presidential Deal-Brokering Threatens Rule of Law

The president has no legislative power. This is confirmed not only by the lack of language in Article II of the Constitution granting the president authority to issue laws, even in times when they may be exigently needed, but also in the rather explicit clause of Article I, Section 1, which states that “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and…

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Undercutting the Separation of Powers Will Not Fix GOP’s Healthcare Nightmare

The astounding impotency of Republicans, who cannot even garner the votes necessary for a clean repeal of the Affordable Care Act, goes far beyond poor leadership. Opposition to ObamaCare, once pejoratively branded “socialized medicine”, is conceivably the core of the party’s identity. Not only have Republicans made repealing former president Obama’s signature legislation an issue in almost every campaign for the past eight years, it is very prominently featured in the party platform, updated most…

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Current Political Culture Undercuts Separation of Powers

The nascent Trump presidency is a veritable labyrinth comprised of twisting scandals and the pitfalls of internecine quarrels. Yet, the true crisis of modern government is missing from the gossip-driven scandalmongering that has become the exclusive domain of the daily news cycle. This is the clear lack of understanding from many members of the media and high-ranking members of the Republican leadership that the legislative and executive branches are separate and, most importantly, coequal branches…

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Trump’s Executive Actions Cannot Undo the Wrong of Obama’s

Whether executive orders are constitutional is something of a thorn in the side of political theorists. There is nothing in the Constitution that strictly forbids the use of unilateral executive action; in fact, the Constitution explicitly grants the president a limited degree of such power in order to clarify and direct the internal operations of federal agencies. However, the Constitution also expressly forbids all powers not enumerated in its text to the federal government and…

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