The Balance of Power

Paper Summary:

This paper traces the development of the three orders of power in American history. It explains that the history goes back to the founding of the nation when the idea of a balance of powers was instituted, with three theoretically co-equal branched of government, the executive, the legislative, and the judicial, each with its own area of power. The paper focuses on the executive order and how this can potentially be abused by presidents. The writer argues that the executive order has become a means by which Presidents try to create law when they cannot get Congress to act as they wish. The use of the executive order endangers the balance of powers so important in our constitutional system.

From the Paper:

"Critics point out that there has been a growth in presidential rule through executive orders and national emergencies. The Constitution defines presidential powers very generally, and so it does not define or directly limit the power of a president to rule by executive order: "The issue is especially acute when presidents use executive orders to legislate, for then they usurp the powers of Congress or the states, raising fundamental concerns about the separation and division of powers" (Liberty Study Committee). "

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