Under the Constitution, the president was delegated the authority to execute laws passed by Congress, not create them with the stroke of a pen.Details
In this episode of Thoughts from Maharrey Head I talk about presidential executive orders and the constitutional limits of executive power.
It’s reported that President Obama will change the name of Alaska’s highest peak from Mount McKinley to Denali. But wait, does the President have constitutional power to rename mountains?Details
As Madison quoted Montesquieu in Federalist 47, “When the legislative and executive powers are united in the same person or body, there can be no liberty, because apprehensions may arise lest the same monarch or senate should enact tyrannical laws to execute them in a tyrannical manner.”Details
Here is a speech I recently gave at the Minnesota Tea Party Alliance’s quarterly event. The topic was “Powers of the President,” where I compared the original constitutional understanding of the executive with the behavior of modern presidents. Spoiler Alert: there is a stark contrast between the two.Details
For a guy who is willing to – with a unilateral stroke of his pen from his own desk – change definitions to ban what used to be legal, give legal status to people who didn’t have it, and even increase taxes….
The idea that Barack Obama can’t move people out of Gitmo because “Congress won’t fund it” is laughable.
As has been widely reported, House Speaker John Boehner has invited Israel’s Prime Minister Netanyahu to address the U.S. Congress. If Congress does host the speech, would it be unconstitutional? Peter Spiro at Opinio Juris suggests that it would. I agree.Details
A bill prefiled for introduction in the Missouri State House for 2015 could effectively nullify federal executive orders signed into existence by the President. House Bill 255 (HB255), by State Rep. Tim Remole (R-Excello), seeks to rebuke what is seen by many as federal lawlessness from the executive branch. The full text of the bill is as follows: Any…Details