Executive Orders and the Development of Presidential Power

I.1.For a history of the development of the separation of powers concept, see Forkosch, The Separation of Powers, 41 U. COL.L. REv.529 (1969).2. Numerous examples of the ways in which the executive, legislative and judicial branches check each other's powers can be seen by examining articles I, II and III of the United States Constitution.For example, article I, section 7, provides for a presidential check on the legislature by requiring that before a bill becomes law it must be signed by the President.U.S. CONST.art.I, § 7. The same section goes on to provide that the legislature may override the presidential veto by a two-thirds vote of both houses, in which case the bill becomes law absent presidential assent.Id.The ultimate check on both the legislative branch and executive branch vis-a-vis legislation is vested in the judicial branch by article III, section 2, which provides in pertinent part that "the judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, [and] the Laws of the United States ..... Id.art.III, § 2. 3. Article I vests all legislative power in Congress; article II vests the executive power in the President; and article III vests the judicial power in the Supreme Court and such inferior courts as Congress may establish.4. The landmark case of Marbury v. Madison arose as a result of President Jefferson's order to his Secretary of State, James Madison, to withhold delivery of William Marbury's judicial commission.Although this order was not so specifically designated, it was in fact an executive order.Marbury v. Madison, 5 U.S. (