Alito hearings to focus on presidential power — Newsday.com

Alito hearings to focus on presidential power — Newsday.com

From where do executive powers come? The US Constitution vests those powers in the President. It does not vest a power in Congress to define or limit the powers of the President, except in specific, enumerated instances. In our legal system, since Marbury, we have vested the power to review and limit exercises of power by the executive and legislative branches in the hands of the judiciary. Congress does not, and should not, have the power to define or limit the executive powers. That is the role of the judiciary in applying the US Constitution.

In the above linked article, I find very humorous the quote:

As an issue for Democrats’ questions, presidential power will join abortion, voting rights under the one-man one-vote principle, congressional authority to pass laws under the Commerce Clause, and racial and gender discrimination, Schumer and Kennedy said.

So, in essence, the Democrats want to know whether they, in Congress, can limit the powers of the President as they see fit, and they also want to know whether they, in Congress, have essentially unlimited and unreviewable power to pass laws using the blank check of the “Commerce Clause” as interpreted since the ’37 revolution. What hubris. Whatever Alito answers in the hearings, I pray his answers in action on the Court will be ‘no.’

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