"I'll be honest with you, I have not
seen -- I don't remember looking at or having seen the analysis in some
time, so I'm not sure where along the spectrum that would come," Holder
replied when Sen. Mike Lee, R-Utah, asked him to explain the nature of Obama's constitutional power to delay the mandate.
Lee had based his question on a standard legal test, first described
by Supreme Court Justice Robert Jackson, who said the president's
authority to issue executive orders is strongest when he does so with
the backing of Congress (category one), more dubious when he issues an
order pertaining to a topic on which Congress has not passed a law
(category two), and weakest when the executive order is "incompatible
with a congressional command" (category three), to use Lee's paraphrase.
Join us on our
Share this page with your friends
on your favorite social network: