The recent announcement by the Obama administration that it will no longer defend the provisions of the Defense of Marriage Act raises serious questions regarding the role of the executive branch in our constitutional republic ("Obama gets out of way of gay marriage," Page 1, Thursday). By unilaterally declaring the act unconstitutional, the Obama administration has, to some extent, usurped the judicial role in interpreting the Constitution of the United States and has assumed unto itself legislative powers, in effect, repealing a duly enacted act of Congress.
... the federal government certain enumerated powers, and grants to the states any power not specifical...Legislative Branches. The legislative branch is the primary la...The legislative branch consists of Congress, and is subdivided into two lower houses, the Hous...
Congress's problematic place in contemporary separation of powers arrangements is revealed in its cycles of ambivalence. First, Congress suppresses its traditional legislative processes or delegates power to the executive branch or an independent commission, arguing that its deliberative and representative norms should not flourish at the expense of the "national interest." Second, after the delegated power becomes controversial or expires, members express implied or explicit regret about the loss of power in myriad ways, such as new bills to curtail or delay the delegated powers, criticism of policy outcomes in oversight hearings, and foot dragging on new executive requests for additional resources. Third, at the next opportunity to recalibrate power on the policy, Congress demurs agai...
... alia, that, in enacting the statute, Congress exceeded its powers under the Necessary and Proper... the Fourth Circuit affirmed on the legislative-power ground. Held: The Necessary and Proper Clau...
President Obama's and Attorney General Eric H. Holder Jr.'s trial outcome for Ahmed Ghailani exhibits the consequences of Supreme Court malpractice. Justices Anthony M. Kennedy, David H. Souter, Ruth Bader Ginsburg, Steven G. Breyer and John Paul Stevens eviscerated the political departments' constitutional authority regarding defense against terrorists. The legislative and executive branches hold all defense powers. Congress has power to declare war. The president directs military operations, including the application of armed force, intelligence- gathering and the disposition of captured enemy. These branches, most sensitive to citizen accountability, receive tasking for the supreme issue concerning national viability.
Former Vice President and full-time environmental alarmist Al Gore was eager to tell members of Congress how they should use their legislative powers to change the way Americans live, but refused to lake a pledge to lower his own family's energy consumption to a level equal to or below that of the average American household. On March 21, Gore testified before both the House Energy and Commerce Committee and the Senate Environment and Public Works Committee about the "true planetary emergency" of global warming that he said was a "challenge to the moral imagination." Gore also suggested that Congress mandate an "Electranet" that would "encourage power distribution" by allowing home owners and small businesses to sell solar or wind energy in their communities.
... and Madison thereupon moved to authorize Congress "to appoint inferior tribunals," which carried th... of the Court of Claims, that being a legislative court, were held subject to the reduction. . In ... The Court was vested with jurisdiction and powers of a district court to hear appeals filed within t...
Despite Mayor Anthony Williams' bland assurances that the bill before Congress has "passed muster" with constitutional experts, it is by no means a slam-dunk case ("Voting rights," Op-Ed, Wednesday) . While Article I, Section 8 of the Constitution undeniably grants Congress sweeping legislative powers over the District, it is disputable that it may use this power to alter the constitutional requirements for representatives to the House.
... Justice Holmes, famously held that Congress has the power to pass a law to implement a treaty ... law would not fall within Congress' legislative power in the absence of the treaty. (1) Essential ... falling outside Congress' enumerated powers. The second is that, if the treaty-makers make suc...
A recent column discussing the National Security Agency surveillance program authorized by President Bush demonstrates a deeply flawed understanding of the Constitution and national security. In particular, your claim that the president's justifications for approving NSA monitoring of foreign communications to potential terrorist operatives are "murky at best," demonstrates either willful ignorance or blatant incompetence. Your column implied that the president acted illegally by failing to comply with the Foreign Intelligence Surveillance Act. However, even if the president did not comply with FISA's procedures (which is an open question), you ignore the fact that the Constitution provides powers to the president that are independent and wholly separate from FISA. As if to highlight yo...
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