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jack_h02/20/20251 replyview on HN

Article II Section 1. The executive Power shall be vested in a President of the United States of America

It doesn't say "some of the executive power", nor does Article I mention anything about being able to create new executive powers vested in other entities. So if the president is the only one who has been vested with the executive power, how can a functionary of the executive promulgate a regulation that disagrees with the president? Ultimately the House can impeach and the Senate convict, possibly disqualifying them from federal office.


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matthewmcg02/20/2025

Right, but what is “executive power”? It is the power to put laws into effect—to execute them. And Congress writes those laws. Article 2 Section 1 does not confer power beyond what the laws provide.

And “vested” does not mean exclusive. Many U.S. laws grant executive power, including the power to promulgate regulations, to persons in the executive branch other than the president. For example, the Communications Act of 1934 creates the FCC and gives the commission the power to “perform any and all acts, make such rules and regulations, and issue such orders, not inconsistent with this chapter, as may be necessary in the execution of its functions.”[1]

There is no authority in the statute for the President to override these determinations made by the Commission.

[1] 47 U.S.C. 154(i) https://www.law.cornell.edu/uscode/text/47/154

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