Monday, January 25, 2016

James Madison, "to fix the extent of the executive authority . . . and to execute such other powers, "not legislative nor judiciary in their nature,""

   "Mr. MADISON though it would be proper, before a choice should be made between a unity and a plurality in the executive, to fix the extent of the executive authority; that as certain powers were in their nature executive, and must be given to that department, whether administered by one or more persons, a definition of their extent would assist the judgment in determining how far they might be safely intrusted to a single officer. He accordingly moved that so much of the clause before the committee as related to the powers of the executive should be struck out, and that after the words " that a national executive ought to be instituted," there be inserted the words following, viz., "with power to carry into effect the national laws, to appoint to offices in cases not otherwise provided for, and to execute such other powers, "not legislative nor judiciary in their nature," as may from time to time be delegated by the national legislature." The words "not legislative nor judiciary in their nature," were added to the proposed amendment, in consequence of a suggestion, by Gen. PINCKNEY, that improper powers might otherwise be delegated."--June 1, 1787, Debates In The Federal Convention Of 1787, Held At Philadelphia. [Eliiot's Debates, Vol. V, Pg. 141]

   The clear intent of the framers of our Constitution, was that the 'executive' was not allowed to "legislate" from the White House. He/she has no Constitutionally delegated 'authority' or 'power' to issue binding edicts. That is left to the "legislature", which must enact laws within the proper scope of their delegated authority and power. 

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