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The Supreme Court’s Executive Power Myth

By David Orentlicher on June 22, 2019
Posted in Administrative agency, Congress, Executive branch, Gundy, Non-delegation Doctrine, Supreme Court

In deciding to preserve its “non-delegation” doctrine last week in the Gundy case, the Supreme Court seemingly avoided a serious disruption in government operations. But the Court’s adherence to that doctrine rests on myth more than reality.
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Published by: David Orentlicher

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David Orentlicher is the Cobeaga Law Firm Professor of Law at UNLV William S. Boyd School of Law. Nationally recognized for his expertise in constitutional law and health law, Dr. O has testified before Congress, had his scholarship cited by the U.S. Supreme Court, and has served on many national, state, and local commissions. He also served for six years in the Indiana legislature.

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For more than a century, U.S. Presidents have expanded their power well beyond the authority envisioned by the Framers of the Constitution. We now have what Arthur Schlesinger, Jr., described as an “imperial presidency.” From a non-partisan perspective, David Orentlicher writes extensively on the problem of the imperial presidency and what we can do to fix it.

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