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Comment by matthewmcg

Right, but what is “executive power”? It is the power to put laws into effect—to execute them. And Congress writes those laws. Article 2 Section 1 does not confer power beyond what the laws provide.

And “vested” does not mean exclusive. Many U.S. laws grant executive power, including the power to promulgate regulations, to persons in the executive branch other than the president. For example, the Communications Act of 1934 creates the FCC and gives the commission the power to “perform any and all acts, make such rules and regulations, and issue such orders, not inconsistent with this chapter, as may be necessary in the execution of its functions.”[1]

There is no authority in the statute for the President to override these determinations made by the Commission.

[1] 47 U.S.C. 154(i) https://www.law.cornell.edu/uscode/text/47/154

parent matthewmcg 1 year ago

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