American Elephants


Enforcing the President’s Constitutional Duty to Faithfully Execute the Laws by The Elephant's Child

The House Judiciary Committee is holding hearings on executive overreach. Members of Congress and constitutional law experts testified yesterday, warning that the legislative branch is in danger of ceding its power in the face of an “imperial presidency.”

The hearing, “Enforcing the President’s Constitutional Duty to Faithfully Execute the Laws,” focused on the multiple areas  where President Barack Obama has bypassed Congress, ranging from healthcare and immigration to marriage and welfare rules.

Jonathan Turley, Shapiro Professor of Public Interest Law at George Washington University, testified that the expansion of executive power is happening so fast that America is at a “constitutional tipping point.”

My view [is] that the president, has in fact, exceeded his authority in a way that is creating a destabilizing influence in a three branch system,” he said. “I want to emphasize, of course, this problem didn’t begin with President Obama, I was critical of his predecessor President Bush as well, but the rate at which executive power has been concentrated in our system is accelerating. And frankly, I am very alarmed by the implications of that aggregation of power.”

“What also alarms me, however, is that the two other branches appear not just simply passive, but inert in the face of this concentration of authority,” Turley said.

Jim Gerlach (R-PA) said “The ACA has been revised, altered and effectively rewritten by the president and his administration 23 times since July.”

Representative Tom Rice (R-SC) said, “When we have these constant changes at the president’s whim, think about what that does to businesses’ planning capabilities and hiring capabilities and their expansion capabilities. We shouldn’t wonder why our economy is struggling.”



A Small Victory Against the Encroaching Nanny State by The Elephant's Child

A New York State Appeals Court has ruled that Mayor Bloomberg’s New York City plan to ban large sugary drinks from restaurants and other eateries was an illegal overreach of executive power, upholding a lower court decision in March that struck down the law.

The law would have prohibited those businesses from selling sodas or any other large sugary beverage larger than 16 ounces. The law “violated the state principle of separation of powers” the Appellate Division said in a unanimous decision.

Mayor Bloomberg had advanced the regulation to combat obesity among city residents. Beverage makers and business groups challenged it in court. Good for them. It’s not Mayor Bloomberg’s business.




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