The question of executive power has plagued the United States since its inception. Historically, power has been vested in the legislature, but modern presidents have bucked precedent by using executive orders to establish government agencies, skirt laws which they disagree with, and to issue unprecedented immigration policies.
This roundtable discussion will present the legal history and analyze recent court cases pertaining to executive power so that we might present a reasonable picture of its future. The Founding Fathers originally imagined the United States as a nation with strong national legislature with power primarily vested in state governments.
It is important to recognize the structures responsible for this dramatic shift from state-local rule to national rule and from legislative governance to executive governance if we are to properly prepare for the repercussions of those realignments. If we are not careful during this liminal phase, unnecessary power may become vested in offices where it does not belong, putting American democracy and life as we know it at risk.
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