Who Needs Congress When You Can Legislate by Regulation?

Good legislative policy requires, as we have seen from its absence in the prior Congress, patience and compromise. A party with electoral control over both chambers of Congress and the presidency can probably pass a bill into law, but you rarely can get everything you want if the goal is to maximize a national consensus. 

Obama and his Democratic majority claim to have gotten much of their agenda through, but until the president was forced to engage in coalition building in the lame duck session, as a result of the November 2 “shellacking” taken by his party, most of the bills supported only by the far left are under attack by the new Congress and the courts.

Knowing that his free wheeling presidency has come to an end, President Obama and his team are preparing an array of actions using his executive power to advance energy, environmental, fiscal and other domestic policy priorities.” But constitutionalists ask, "what Executive Power to make law"?

The role of the President under the U.S. Constitution is not to make laws, but simply to execute the laws passed by Congress. Article I, Section 1 of the U.S. Constitution begins: “All legislative powers herein granted shall be vested in a Congress of the United States.” If the Constitution mandates that “all” law-making powers reside in the Congress, then it stands to reason none is left for the President. The President's job is that "he shall take care that the laws be faithfully executed" under Article II, Section 3 of the U.S. Constitution.

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