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That's technically true. The Constitution only lists a few powers for the executive/President, namely being Commander in Chief of the armed forces, making treat
by baddox 11y ago
That's technically true. The Constitution only lists a few powers for the executive/President, namely being Commander in Chief of the armed forces, making treaties, and filling vacant senate seats. I'm no expert, but I would guess that most of the authority the executive branch enjoys comes from the the phrase "executive Power," which I presume would have been understood at the time to refer to the physical implementation and enforcement of laws.
I have heard the same for the judicial branch, particularly regarding judicial review. Judicial review isn't mentioned in the Constitution, but apparently it was well understood at the time that one role of the judiciary is determining the constitutionality or validity of laws.
- dragonwriter 11y agoThe President's role as Commander in Chief is arguably not a power, it's a restriction on Congress's (express) authority to regulate the military, to wit, that such regulation cannot make ask our last of the military independent of Presidential command; aside from that restriction, Congress's airport to regulate the military is plenary, so exactly what the powers of the CinC are is wholly dependent on Congress's regulation. Also, Judicial review is simply resolving alleged conflicts between laws, particularly questions of whether laws are invalid because they contravene laws which have superior precedence under the Constitution. This is obviously within the scope of resolving controversies arising under the Constitution and laws of the United States; there's no need for every particular kind of controversy or method of resolving it to be enumerated.
- deleted 11y ago[deleted]
- nl 11y agoThat's technically true. That's pretty much all this exercise is about, right? - find the narrowest possible reading of a single phrase and ignoring all context.