Penelope
Diamond Member
- Jul 15, 2014
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Scalia railed against all this -- and the Supreme Court often struck down power transfers from Congress to the president. It did so not to preserve the institutional integrity of Congress but to uphold the principle of the separation of powers that Madison crafted as a bulwark against tyranny. The constitutional allocation of power among the branches is not for them to alter.
Its equilibrium was intended to maintain tension and even jealousy among the branches -- and thereby undergird personal liberty. Madison's articulated fear was "a gradual concentration of the several powers in the same" branch. Scalia called this gradual concentration of power in the presidency a wolf in sheep's clothing that became a bare naked wolf.
After years of faithless Congresses legally but unconstitutionally ceding power to the presidency, we have arrived where we are today -- a president who spends unappropriated funds, raises taxes, defies courts and changes immigration laws on his own. I have written before that the Republicans who rejoice in this will weep over it when a Democrat is in the White House. No president should have unconstitutional powers.
Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is the senior judicial analyst at Fox News Channel
Judge Andrew Napolitano: Trump violates Constitution – Spends unappropriated funds, raises taxes on own
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I am aware you republicans do not like Napolitano anymore since he talks about Tramp, but I do hope some of you still have some respect for the late Antonin Gregory Scalia.
Its equilibrium was intended to maintain tension and even jealousy among the branches -- and thereby undergird personal liberty. Madison's articulated fear was "a gradual concentration of the several powers in the same" branch. Scalia called this gradual concentration of power in the presidency a wolf in sheep's clothing that became a bare naked wolf.
After years of faithless Congresses legally but unconstitutionally ceding power to the presidency, we have arrived where we are today -- a president who spends unappropriated funds, raises taxes, defies courts and changes immigration laws on his own. I have written before that the Republicans who rejoice in this will weep over it when a Democrat is in the White House. No president should have unconstitutional powers.
Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is the senior judicial analyst at Fox News Channel
Judge Andrew Napolitano: Trump violates Constitution – Spends unappropriated funds, raises taxes on own
------------------------------------------------
I am aware you republicans do not like Napolitano anymore since he talks about Tramp, but I do hope some of you still have some respect for the late Antonin Gregory Scalia.