Excutive Orders: Framers' worst nightmare

As stated in Federalist #47, “There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates.” Article 2 Section 2 of our Constitution states that " [The President] may require the opinion of the principal Officer in each of the executive Departments." However, with no constitutional limit to the size or extent of each department, much is left to presidential discretion. Many presidents in past years have further developed the Executive Branch by putting such agencies as the FBI, DEA, and FEMA under the direction of the executive office. Furthermore, the Patriot Act of 2001 and The Homeland Security Council, were established, which expanded powers and federalizing airport security. As Alexander Hamilton noted, “ Of all the cares or concerns of government, the direction of war…demands those qualities which distinguish the exercise of power by a single hand.” This ideal is again reflected in Article 2, Section 2 of our ...