The Delegation of Legislative Powers
• require all “lawmaking” regulations to be affirmatively approved by Congress and signed into law by the president, as the Constitution requires for all laws; and • establish a mechanism to force the legislative consideration of existing regulations during the reauthorization process.
When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty.
—Montesquieu, The Spirit of the Laws
Article I, section 1, of the U.S. Constitution stipulates, “All legislative powers herein granted shall be vested in the Congress of the United States, which shall consist of a Senate and House of Representatives.” Article II, section 3, stipulates that the president “shall take care that the laws be faithfully executed.” Thus, as we all learned in high school civics, the Constitution clearly provides for the separation of powers between the various branches of government.
The alternative design—concentration of power within a single governmental body—was thought to be inimical to a free society. John Adams wrote in 1776 that “a single assembly, possessed of all the powers of government, would make arbitrary laws for their own interest, and adjudge all controversies in their own favor.” James Madison in Federalist no. 47 justified the Constitution's separation of powers by noting that it was a necessary prerequisite for “a government of laws and not of men.” Further, he wrote, “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and