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Legislative Power Quote by Philip Hamburger

“By the same token, the executive cannot exercise legislative power, even if it has legislative authorization, for when it acts alone, it is a sort of Rump—certainly as much a Rump as the House of Commons once was. Although it would be bad enough for the two houses of Congress to exercise…” quote by Philip Hamburger
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““By the same token, the executive cannot exercise legislative power, even if it has legislative authorization, for when it acts alone, it is a sort of Rump—certainly as much a Rump as the House of Commons once was. Although it would be bad enough for the two houses of Congress to exercise legislative power alone, it is worse for the president or his subordinates to do so, for he constitutionally enjoys only a negative on legislation. Put another way, if Congress cannot delegate legislative power to the two congressional bodies that ordinarily adopt legislation, how can Congress delegate this power to the body that ordinarily has only a veto on legislation? Such, however, is the current reality. The result is a strange reversal of roles. Administrative lawmaking belongs to the branch of government that constitutionally enjoys only a veto. In contrast, the veto on such lawmaking now requires full, constitutionally authorized legislation adopted by both houses of Congress and the president. Thus, whereas the adoption of legislation once arose from the branch designed to be representative and cautious, it now often comes from the branch designed for effective force. And whereas the veto arose from the forceful part of government, it now in many instances must come from a combination of all branches. Unsurprisingly, this reverses””

Philip Hamburger

About This Quote

Source Book: “Administrative Law and the Constitution” by Philip Hamburger, 2005

The quote argues that modern administrative rulemaking places legislative power in the executive, which constitutionally should only have a veto, creating a role reversal among branches.

In simple terms: Executive makes laws though it should only veto, reversing intended powers.

Key Takeaway

Recognize and address the constitutional mismatch in rulemaking.

Themes

constitutional law separation of powers administrative law government structure

Mood

critical analytical concerned

Type

theoretical critical policy-oriented

When to use this quote

  • policy drafting
  • court challenges
  • legislative reform
  • executive orders
  • interbranch negotiations

Key Concepts

legislative delegation executive authority checks and balances

Questions to Reflect On

  • How does this role reversal affect democratic accountability?
  • Can reforms restore proper legislative authority?
A Different Perspective

The executive may still be constrained by political realities and judicial review.

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