Title: Constitution 101: Executive Power | Tenth Amendment Center
Headings: Constitution 101: Executive Power
Constitution 101: Executive Power
Mike Maharrey
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Content: Within the constitutional structure, the president lacks any authority whatsoever to issue edicts, write rules and regulations, or legislate in any manner. In an essay known as “Helvidius” Number 1, James Madison clearly states the president’s power extends only to putting existing law into effect. “The natural province of the executive magistrate is to execute laws, as that of the legislature is to make laws. All his acts therefore, properly executive, must pre-suppose the existence of the laws to be executed.” Modern presidents exercise powers far beyond those delegated to them in the Constitution and constantly usurp legislative authority. Much of the blame lies with Congress. It often delegates legislative authority to the president by writing vague, open-ended laws that expand executive authority into the legislative realm. Congress’ delegation of war powers to the executive branch provides one of the best examples. In the American system, Congress should serve as the most powerful branch, as it most directly represents the people. Instead, America has evolved into a system very much like the one the revolutionaries sought to destroy.