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What Two Crucial Words in the Constitution Actually Mean

By The Atlantic

I reviewed more than a thousand publications from the founding era, and discovered that “executive power” doesn’t imply what most scholars thoughtRead full story

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  • People like having a single hero/villain to root for/against. This only makes sense when that person can realistically be held responsible for impacting people’s lives. Little wonder that we’ve moved toward a more authoritative understanding of the role of the Executive Office

  • And most Americans don’t know, much less understand, the history of the “Necessary and Proper” Clause. I argue that President Trump is no tyrant. Rather, Congress has over the years abdicated it’s authority to the Presidency because it would much rather blame him (Bush, Obama, Trump) for our nation’s ills and put him on the hook. It’s easier to be re-elected that way.

  • The interpretation given by the article seems reasonable. However, our legislative branch is so dysfunctional now, it is hard to imagine anything useful getting accomplish at all without independent action from the president.

  • A thoughtful and well-reasoned treatment of "executive power", as relates to the President of the US. It's an interpretation that I very much tend to agree with, but, of course, from my particular perspective.

    Were our President more like, oh, say, Jimmy Carter, I would be more likely to accept a claim of extraordinary Executive Power.In the balance, then, for our country,(made up of the people), my response must be total agreement with you, if only to protect us from a would-be tyrant, such as Trump

    A thoughtful and well-reasoned treatment of "executive power", as relates to the President of the US. It's an interpretation that I very much tend to agree with, but, of course, from my particular perspective.

    Were our President more like, oh, say, Jimmy Carter, I would be more likely to accept a claim of extraordinary Executive Power.In the balance, then, for our country,(made up of the people), my response must be total agreement with you, if only to protect us from a would-be tyrant, such as Trump, a circumstance that I, like you, believe was the intent of the founding fathers to guard against.

  • "The central challenge of constitutional governance, (Gouverneur Morris) said, was to safely distribute each of “the three powers” that everyone knew so well: “one … the power of making[,] another of executing, and a third of judging, the laws.” "

    Even I recognise this discussion from reading the not-so-recent quintessential "Alexander Hamilton" biography by Ron Chernow. The founders wanted nothing to do with Royal Prerogative powers, which was the whole reason for the separation of powers. It's

    "The central challenge of constitutional governance, (Gouverneur Morris) said, was to safely distribute each of “the three powers” that everyone knew so well: “one … the power of making[,] another of executing, and a third of judging, the laws.” "

    Even I recognise this discussion from reading the not-so-recent quintessential "Alexander Hamilton" biography by Ron Chernow. The founders wanted nothing to do with Royal Prerogative powers, which was the whole reason for the separation of powers. It's simply bad history, bad intellect and/or bad intent to foment about the powers of the Presidency to be anything more that the meager few enumerated in the Constitution and those created by precedent over time by past administrations, as allowed by Congress, but those are inherently at the pleasure of Congress and can be revoked by an act of Congress. As if they could ever agree on something as unagreeable as taking away existing powers of the President. Something that seems quite unlikely in today's politics.

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