Sunday, March 9, 2008

A friendly reminder

"When the President takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb, for then he can rely only upon his own constitutional powers minus any constitutional powers of Congress over the matter. Courts can sustain exclusive presidential control in such a case only by disabling the Congress from acting upon the subject. Presidential claim to a power at once so conclusive and preclusive must be scrutinized with caution, for what is at stake is the equilibrium established by our constitutional system."
Youngstown Sheet & Tube Co., et al v. Sawyer, 343 U.S. 579, 637-38 (1952, J. Jackson, concurring)

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