US Constitution, government, legislation, legislative power, separation of powers, executive agreement, constitutional rights, Congress, USA United States of America, democracy, Senate
The US Constitution creates a system of checks and balances between the three branches of the government. Thus, no branch would have a chance of becoming too powerful. Nevertheless, in the last several years, questions have been raised, especially with regard to the surrender of legislative power through the growing trend of use of executive agreements by the President. These deals, which are very similar to the treaties set out in the Constitution and bound by the same principles, have been used to evade the need to follow the treaty-making process, thus presenting the issue of whether the separation of powers doctrine is still being upheld.
[...] The Failed Transparency Regime for Executive Agreements. Harvard Law Review, 134(2), 629-725. Jacobs, S. B. (2019). The statutory separation of powers. Yale LJ, 129, 378. Mortenson, J. D. (2019). Article II Vests the Executive Power, Not the Royal Prerogative. Columbia Law Review, 119(5), 1169-1272. Yoo, J. [...]
[...] Therefore, the President might be gradually exceeding the powers that are specifically delineated in the Constitution and, in the end monopolizing the power and authority of the executive branch. Furthermore, the scope of executive agreements has gone beyond simple matters, no longer staying within areas generally overseen by congressional authorities and legislation. For instance, executive agreements have been utilized to resolve issues like arms control, environmental regulations, and trade policies, which directly impact the domestic arena and would invariably be referred to the legislative bodies for their input and approval. [...]
[...] Executive agreements may sometimes be useful in certain circumstances, but their lack of legislative involvement and oversight may, however, be challenging in the long run in terms of separation of powers, as this is enshrined in the Constitution. In order to foster a proper democratic setting and to respect the principles of its genesis, the executive must ensure that the use of executive agreements is exercised with restraint and that Congress asserts again its constitutional role in forming foreign policies and giving meaningful oversight. References Bowie, N., & Renan, D. (2021). The Separation-of-Powers Counterrevolution. Yale LJ, 131, 2020. Hathaway, O. A., Bradley, C. A., & Goldsmith, J. L. (2020). [...]
[...] What Happened to Our Constitution: Executive Agreements What Happened to Our Constitution: Executive Agreements Rice University Introduction The US Constitution creates a system of checks and balances between the three branches of the government. Thus, no branch would have a chance of becoming too powerful. Nevertheless, in the last several years, questions have been raised, especially with regard to the surrender of legislative power through the growing trend of utilization of executive agreements by the President. These deals, which are very similar to the treaties set out in the Constitution and bound by the same principles, have been used to evade the need to follow the treaty-making process, thus presenting the issue of whether the separation of powers doctrine is still being upheld. [...]
[...] (2018). Franklin Roosevelt and Presidential Power. Chap. L. Rev., 21, 205. [...]
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