FORMAL EXECUTIVE POWER: THE CONTEMPORARY PRESIDENCY

This essay examines some of the challenges to the doctrine of separation of powers posed by two facets of presidential power: the executive order and the presidential signing statement. Unilateral presidential action through executive orders calls into question the distinction between legislative and executive functions as provided in the U.S. Constitution. The innovative use of the presidential signing statement as an opportunity for the executive to declare portions of legislation to be unconstitutional also blurs the distinction between these separate branches of government. Contemporary exercise of executive power poses challenges to the Madisonian model of government and to concomitant democratic norms.