Bench Memos

Re: White House Misdirection on Executive Powers

I missed Jonathan Adler’s excellent earlier post on the same topic. As he sums it up:

[T]he real objections to the President’s use of executive authority are not to the frequency of EOs [executive orders], signing statements, or regulations, but to the substance of specific actions and decisions that have been made.…

[T]hose responding to claims of executive overreach should actually respond to allegations of executive overreach. Pointing to pretty charts about the number of EOs is not a serious or substantive response.


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