The Executive: Wears A Vest

Article II of the United States Constitution provides that “all Executive Powers be vested in the President of the United States.” It goes without saying, or so I hope, that these “vested” powers would follow the basic principles of gifting rights to another. It’s hardly a stretch to argue that no inherent powers exist in the Executive branch outside of what is wholly defined. Appointments, Commander-in-chief, and to “make sure the laws be faithfully executed.” Just like when I vest another with rights in property, they are vested to act according to those rights.

Under this interpretation of the proviso language to Article II, we find ourselves with a relative fix to Executive overreach. Unless Congress has provided otherwise, the President cannot do it. But there is a concern as to the expediency of necessary acts by those in charge. Executive gloss seems to follow this line of thinking. If we allow a president to do something, on more than one occasion, and the subsequent president acts under that same authority, then the only remedy to this issue is legislation. President 1, does x. President 2 does x, harder. President 3, does x. Congress says, “maybe the President shouldn’t do x. (enacts law saying x is no longer an executive function).” (Consider the War Powers Act). 

Of course, cause for concern arises here. A congressionally elected opposition could legislate away Executive gloss. Would this really be so problematic? Duly elected representatives, acting on their Article I powers, restricting what the Founder’s considered a weak Executive. Hell, it may even light a fire under the Legislative branches to get things done. That’d be a tough pill. 

Furthermore, this kind of measure on Executive powers could likely place the legislative back in the minds of the People. We have been so far consumed by the Presidential Elections. They are the political Super Bowl. We make wagers, we become die-hard fans. Yet, the people who represent us get no sorts of praise. Wonder why? Well, democracy is slow. It pitter-patters around, there is nothing fun or explosive about it. Democracy’s slow pace is of great importance, however, because it chills the emotions that surround our constitutional structure. Highly contested issues are slow to create divide, as where the Executive or Judicial branches explode on the scene, the divide is the equivalent to Thor’s hammer. We should embrace the slow pace, and influence the people who deserve our influence, the legislature . . . or by proxy other voter, our neighbors, our friends.