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No. That's not how it's supposed to work. Without delegation (which has happened), the presidency (and Executive branch broadly) is constrained by the Constitut
by Jtsummers 2y ago
No. That's not how it's supposed to work. Without delegation (which has happened), the presidency (and Executive branch broadly) is constrained by the Constitution, the laws set by Congress, international treaties (consequence of the Constitution), and restricted by the interpretation and judgement of the courts. If there's ambiguity the Executive can make their own call, they don't have to sit and wait, but they can then be challenged in the courts and have to stop acting in a manner judged inconsistent with the law, constitution, and treaties.
- plorg 2y agoIf it's truly a matter of ambiguity then the court is not adjudicating an inconsistency, it is inserting is own judgement about what the other party (Congress) said - when the other party has the ability to assert its intentions directly.
- Khaine 2y agoYes, Congress can solve this buy doing their job and passing a law to clarify the fact. The fact they don't demonstrates the dysfunction in the US, and the craziness that everyone thinks they can get the executive branch to do an end run around the constitution.