We could have a constitutional amendment providing for the line-item veto. Then it would be constitutional and it would be there for all presidents, regardless of party. |
Implementing regulations. Use of legislative history and debate in interpretation of statutes. Questions of private right of action. It's not obviously so clear. And it's certainly not an inherently necessary or obviously preferable split. Why not have the legislature responsible for the interpretation of laws? - they wrote them. Ditto for executing them. In most parliamentary systems, the executive is essentially a branch of the legislature.
Some have seen it differently, as a successful and inappropriate expansion of the Court's powers. If it were as easy a call as you present it, it probably wouldn't be very well known. |