An Executive Amendment
David French had a really good newsletter this week. I’m pretty sure it’s gated to subscribers, but it’s about Article II of the Constitution and the ambiguity of the opening sentence: “The executive power shall be vested in a president of the United States of America.” The problem is in the vagueness of the phrase “executive power”. It’s so open ended that we end up with a chief executive officer who can in a sense do whatever they want as long as they are executing some action, at least in theory. What David French, and others, have proposed is an amendment that rephrases that sentence to drastically limit executive authority. Instead of how it currently reads it would say “A president of the United States of America shall execute laws passed by Congress.” This makes it clear that the President is executing laws passed by Congress and all executive power (however the Supreme Court decides to interpret that) does not reside in them. This still leaves open the president as commander in chief of the armed forces and all other enumerated powers laid out in Article II. However, it restrains the President from the potentiality of doing whatever they want with laws that congress passes.