Has there been a coalescence of executive authority which can overreach Constitutional limitations? Gone are the days of Madisonian democracy? Posner discusses his new book, The Executive Unbound.
‘There is a long-term trajectory, in this country and many other democracies, in the direction of executive primacy in domestic as well as foreign affairs, which one can identify only by comparing present to past. No one denies that the New Deal regulatory system gave presidents immense powers that did not exist prior to its creation, and that this system has only grown over the years. The financial regulation and health care laws are only the latest in a long series of delegations from Congress to the president, and they confirm that long-term trends have not been reversed in the Obama administration. We are talking about a continuous institutional development that reaches back almost a century and today is entrenched. It is time for legal thought to make its peace with it.’
Perhaps there has been, and as Posner makes the case, there’s not too much to be done about it.
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