Separation of Powers Debate

Comments discuss the constitutional division between Congress's legislative authority and the executive branch's role in enforcing laws, debating delegation to agencies, executive overreach, and the need for explicit congressional grants of power.

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Keywords

II US USAID SOPA youtube.com DOGE NLRB SHOULD FAA NSF congress executive executive branch branch agencies laws authority president legislation power

Sample Comments

nerdponx Oct 30, 2023 View on HN

This is well within the president's powers under existing law. If Congress disagrees, they can always supersede.This isn't even close to legislating. Look at some recent Supreme Court decisions and the amount of latitude federal agencies have, if you want to see something more closely resembling legislation from outside of Congress.

ryan_lane Sep 1, 2021 View on HN

They ruled that the executive branch doesn't have this power, and that congress should pass legislation. They didn't say the government doesn't have this power, just that the wrong branch used it.

eadmund Dec 18, 2024 View on HN

> By what legal means is this happening?Article I, section 1 of the Constitution: ‘All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.’It doesn’t say, ‘Congress may delegate its legislative Powers to the Executive.’ Arguably, the ‘shall’ language forbids that! Article I, section 8 does give the Congress the authority to pass laws necessary and proper to execute its regulation of interst

xboxnolifes Jun 28, 2024 View on HN

Only if congress didn't expressly give the department the right to do so in legislation.

GartzenDeHaes May 21, 2024 View on HN

Congress dictates what executive branch agencies do, not the other way around.

fallingfrog Sep 22, 2020 View on HN

Isn’t congress supposed to write laws, not the executive branch?

flagnog Jan 3, 2014 View on HN

Actually Congress is the only group that can make laws. The Executive and Judicial branches are only supposed to enforce and judge constitutionality of said laws. Nothing those two branches do SHOULD be considered law. However, Congress has allowed the Executive branch to have wide latitude in determining rules (FAA, FCC, EPA, etc) that are, in effect, laws. And that is a problem.

roxolotl Mar 29, 2025 View on HN

The US government doesn’t run in the way they are acting like it does. The executive branch exists to execute laws as written by congress; it’s in the name. If congress passed no laws the president would have nothing to do besides negotiate with other foreign heads of state and be commander in chief. Most of what DOGE is cutting has been legislated. Which is not something allowed to be done by president or the executive branch. Of course they can make the case to congress that certain agencies s

redblacktree Dec 1, 2021 View on HN

Congress has delegated the authority to make these decisions to regulatory agencies. If congress wants that authority back, they can get it back via legislation. The responsibility for the current situation starts and stops with congress. The executive branch is doing what congress has asked it to do, and the executive branch would stop doing those things the moment that congress legislated the authority back to themselves.

nradov Jun 30, 2022 View on HN

That's not really how it works. If Congress wants the executive branch to have leeway then they need to explicitly grant it.