The Constitution provides that "All legislative powers herein granted shall be vested in a Congress of the United States," and it goes on to grant Congress a robust-and fearsome-list of powers. James Madison assumed that "[i]n republican government, the legislative authority necessarily predominates," and he cautioned that the legislative department may tend to "draw all power into its impetuous vortex."
But modern politics and law seem to tell a quite different story. With executive orders, administrative regulations, creative interpretations of federal statutes, and executive agreements with other nations, it may seem that the President, not Congress, is, in effect, wielding the most potent legislative power.
President Barack Obama’s executive order on immigration, which was essentially blocked by a 4-to-4 decision by the Supreme Court, is cited as an example of presidential overreach. Some argue that this is nothing new: they say that the President is not exercising legislative power; he is simply exercising his well-established executive discretion. Is Congress still the most powerful branch, or is this the era of the imperial presidency? Has the President usurped Congress's legislative power?
THE MOTION: The President has Usurped the Constitutional Power of Congress
CLICK HERE TO LISTEN TO THE DEBATE.
FOR
“The framers of our Constitution knew the dangers of an executive unbound and attempted to protect us. Unfortunately, recent presidents and especially Bush and Obama have systematically breached those limits.”— Michael McConnell, Director , Constitutional Law Center & Professor, Stanford Law School
“Hillary Clinton has already said she is going to take President Obama's executive orders for immigration and go even further with them. Donald Trump said essentially the same thing.” — Carrie Severino, Chief Counsel & Policy Director, Judicial Crisis Network
AGAINST
“The system that worked for our agrarian economy in the 19th century isn't sufficient to tackle the problems we have today.” — Adam Cox, Professor, New York University School of Law
“Our system has evolved. The original separation of powers scheme that Madison and other founders envisioned has changed a great deal. But that is because the world has changed.” — Eric Posner, University of Chicago Law School