The Rise of Unchecked Presidential Power

November 22, 2010 05:32

Today, the executive branch in the USA has the power to do almost anything it wants. The legislature is all but powerless, having ceded all their authority to the executive-appointed bureaucracy.

By Robert Eugene Simmons Jr. at American Thinker


According the to the Constitution, only the legislature can make laws. Although not the first example of such an agency, the creation of the Environmental Protection Agency in 1970 is a good example. The EPA was founded by an act of the legislature and charged to protect the environment. Since then, the EPA has been writing “regulations” which are, in fact, laws. You can be prosecuted and deprived of freedom or assets for disobeying the regulations of the EPA. Instead of going through all the trouble itself, Congress has delegated the passing of environmental laws to an agency not beholden to the will of the voting public. There are dozens of other agencies so empowered to regulate everything from food and medicine (FDA) to airplane travel (NTSB and FHA) — all making laws without even a tacit nod to the citizens.

Through the passage of the legislation known as ObamaCare, Congress has ceded all regulation of the health insurance and medical industries to the Department of Health and Human Services and the latter’s presidential appointee. The financial services reform bill created the Financial Services Oversight Council and literally gave that council the power to regulate and monitor any financial transaction in America without a court order, as well as the ability to summarily seize businesses without judicial review or public disclosure. If passed, the cap and trade bill would give even more sweeping powers to the EPA.

When it comes to violating the separation of powers and seizing executive power, no president has done more since FDR than Obama. What is more, Obama doesn’t even try to hide the maneuvering, but instead does it out in the public eye.


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