Executive Orders Create a Congress Divested of Power

NCLA’s Executive Director and General Counsel, Mark Chenoweth, joins “Just the Truth” with Jenna Ellis on Real America’s Voice to discuss the avalanche of executive orders seen in the first few months of the Biden administration and the looming consequences that have and will result from Congress allowing their constitutional power to be taken from them.

Key takeaways:

• Congress cannot delegate its power to the executive branch. When it does so, that violates Article 1, Section 1 of the Constitution.

• When executive orders start becoming legislative actions rather than executive actions, that is a problem. Or if they start to bind the conduct of people outside of the executive branch, that is also a problem.

• Once you have given away congressional power, it is hard to get it back. One thing that can be done is to bring lawsuits to the federal court, which is what NCLA does, to try and get the judiciary to recognize the problems that have been created, such as our current lawsuit against the CFPB for its unconstitutional funding structure. Read more about that case here: https://nclalegal.org/moroney-cfpb/​

• NCLA has ongoing litigation against the CDC’s eviction moratorium, which started with the Trump administration and has been carried on by the Biden administration, because Congress did not give the agency power to create rules that bind the American public. Read more about that case here: https://nclalegal.org/cdc-moratorium/

March 17, 2021