Executive Power

Executive Power

Creating the Executive branch was a difficult task for the Founders. They knew they didn’t want a king but what powers did a President and his staff rightfully need to execute and uphold the law? Episodes in this unit cover topics related to specific Presidential responsibilities and powers, as well as questions about who qualifies as an “Officer of the United States,” and the balance of power between the Executive and Legislative branches.

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10 of 16: Congressional Usurpation of Executive Power [No. 86]

Is the modern President a unitary executive, as envisioned by the Founding Fathers? Professor Saikrishna Prakash argues that the Congressional establishment of authoritative administrative agencies has stripped away executive power that rightfully b ... Is the modern President a unitary executive, as envisioned by the Founding Fathers?

Professor Saikrishna Prakash argues that the Congressional establishment of authoritative administrative agencies has stripped away executive power that rightfully belongs to the President. Commissioners at important agencies are essentially immune from Presidential removal although their job is to enforce the laws passed by Congress, thus exercising executive power.

Professor Saikrishna Prakash is the James Monroe Distinguished Professor of Law and Paul G. Mahoney Research Professor of Law at the University of Virginia School of Law. Professor Prakash’s scholarship focuses on the separation of powers, particularly executive powers. He teaches Constitutional Law, Foreign Relations Law and Presidential Powers.

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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