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...
In simplistic constitutional terms, Congress makes law that the President enforces. More specifically, Congress makes law by enacting statutes through a series of specific requirements outlined in Article I, Section 7, and, unless acting under his own constitutionally assigned power, the President is bound by that law. Where congressional intention is difficult to discern, as in the case of inaction, this "zone of twilight" provides judges with crucial wiggle room to navigate their way to an outcome that maintains proper balance between the powers of the Executive and Legislative Branches. Broadly speaking, the judicial doctrine of congressional acquiescence states that Congress can impliedly authorize presidential actions or judicial interpretations by failing over time to signal disag...
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.
... Act (Act) authorizes either House of Congress, by resolution, to invalidate the decision of the ... constitutional doctrine of separation of powers, and accordingly directed the Attorney General to ... presumption is supported by 244's legislative history. Moreover, a provision is further presumed...
..., and what effect that had on government powers and individual rights. Lines between combatants an... on the legality of executive and congressional actions. . The Supreme Court has issued four impor...(60) A nation's domestic, legislative regulatory power was understood to be territoriall...
.... Congressional Pay . With the surprise ratification of the Twenty... function of reinforcing the separation of powers so deliberately established by the Founders.""The ..., but to protect the integrity of the legislative process by insuring the independence of individual...
Few outside of Congress recognize the importance of leadership positions, personalities and powers in advancing a legislative agenda. Skilled leaders in both the House and Senate make the difference between success and gridlock in the dance of legislation. Yet unlike the House, where a unified majority - even a narrow one - can efficiently move the lawmaking process forward, the Senate is a different breed of cat. Former Senate Majority Leader Howard Baker of Tennessee was fond of metaphorically describing leading the upper body as akin to "herding cats." Given the rules and precedents of the Senate, a legislative leader's arsenal of weapons to compel party unity is limited to nonexistent.
Clause 1. Powers and Term of the President . Clause 1. The executi... vested all powers in a unicameral congress. Experience had demonstrated that harm was to be f... could not be conferred on the legislative body. vague language a weak executive. Selection ...
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