Separation of Powers is Slow but Alive (National Radio Commentary, Salem/Townhall) July 18, 2016Posted by daviddavenport in Politics, Radio Commentaries.
Two recent court cases are a welcome reminder that the separation of powers doctrine may be slow to act, but is still alive.
A federal judge declared that the U.S. Department of Interior did not have the power to issue rules about fracking on federal land. And the U.S. Supreme Court, on a split 4-4 vote, allowed a court of appeals decision to stand holding that the president does not have the power to unilaterally allow those in the country illegally to remain. Only Congress has these powers, the courts said, not the executive branch.
The Obama administration has been pressing the envelope of executive power for years, using executive orders to carry out its agenda on gun control, immigration, environmental regulations and the like.
The founders separated powers so that no one–not even the president–could act alone on important matters. It may take years for other branches like the courts to catch up (at least in this case) but they finally have.
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