Congress Cedes Legislative Power to President

By:  Joe Wolverton, II
12/07/2011
       
Congress Cedes Legislative Power to President

On December 2, the headline on businessweek.com read: “Boehner Leads Drive to Take Away Obama Power to Issue Rules.” Seems the Speaker of the House wants to preserve to Congress the right to sign off on any rule promulgated by an executive branch agency that would cost more than $100 million to the businesses to be regulated.

The Speaker’s effort to restrain the runaway executive branch is a far cry from the tone he struck in his victory speech on election night last year as his party won a powerful majority of seats in the lower house. In that jubilant address, Boehner said, “While our new majority will serve as your voice in the people’s House, we must remember it is the president who sets the agenda for our government....”

 For a man who prides himself on his devotion to the Constitution, the foregoing assessment of the power of the President is woefully ignorant and absolutely constitutionally unsound.
 
Were the Speaker of the House to spend a bit of time himself reading the document he insisted be read at the opening of the 112th Congress, perhaps he would understand that the “agenda” for the federal government (all three branches) is established by way of the enumerated powers set out in the Constitution. The authority granted to each branch is specifically set forth in the various articles of the Constitution (particularly Articles I-III), and they are few and well-defined.

On December 2, the headline on businessweek.com read: “Boehner Leads Drive to Take Away Obama Power to Issue Rules.” Seems the Speaker of the House wants to preserve to Congress the right to sign off on any rule promulgated by an executive branch agency that would cost more than $100 million to the businesses to be regulated.

The Speaker’s effort to restrain the runaway executive branch is a far cry from the tone he struck in his victory speech on election night last year as his party won a powerful majority of seats in the lower house. In that jubilant address, Boehner said, “While our new majority will serve as your voice in the people’s House, we must remember it is the president who sets the agenda for our government....”

 For a man who prides himself on his devotion to the Constitution, the foregoing assessment of the power of the President is woefully ignorant and absolutely constitutionally unsound.
 
Were the Speaker of the House to spend a bit of time himself reading the document he insisted be read at the opening of the 112th Congress, perhaps he would understand that the “agenda” for the federal government (all three branches) is established by way of the enumerated powers set out in the Constitution. The authority granted to each branch is specifically set forth in the various articles of the Constitution (particularly Articles I-III), and they are few and well-defined.

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