POSC150 Chapter Notes - Chapter 13: Presidential Succession Act, War Powers Resolution
24 Apr 2017
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Most of the powers that the president uses are not found in the constitution: congress has willingly handed over legislative authority to the executive branch. An unavoidable consequence of gov"t expansion since the new deal. Ex: in 2002, congress created the department of homeland security. Which has law enforcement, public health, and immigration power. Agencies interpret congress"s intent: congress sometimes grants only limited discretionary authority. Ex: the irs follows specific tax legislation. In most cases, congress only defines a broad goal or objective. Gives a lot of discretionary power to administrators. During the 19th and early 20th centuries, congress"s laws had clear principles and standards: since the new deal, they now use broad mandates and few clear guidelines. Most public law is legislative in origin but administrative in content -jerry. Nashaw: the shift from clear guidelines to delegations is a result of the great scope and complexity of the tasks that america"s contemporary gov"t has undertaken.
