I read an interesting article today titled “ Can Congress create agencies insulated from White house control?” The article describes what is the latest example of Congress testing the boundary separation of powers. Tomorrow the Supreme Court is going to take a case that looks at whether congress can create a watchdog agency that is protected from presidential influence, or if that is overstepping the executive’s role. The agency in question is the Public Company Accounting Board (PCAOB). The board was created by congress after the Enron scandal with the intention to help keep corporate officials honest. The Security and Exchange committee can remove and replace board members and it is this action that the Supreme court is going to state as constitutional or not.
The role of the executive is to enforce the legislation that congress enacts. However, in this case with the PCOAB board, congress has protected the board from any influence from the president. The opposing side claims that the board members are held accountable to the president because the Security and Exchange Committee appoint them, and the president can direct that committee.
I can see the reasoning for both sides of the coin. However I think I would have to agree with the side that claims the board to be unconstitutional. While the president may direct the Security and Exchange Committee, the presence of the committee dilutes his influence. It is clearly stated that one of the presidential roles is to enforce the legislation that congress enacts. By putting power of enforcement into a congressional committee is taking that power from the president’s hands. Once the legislation is made congress should not have any more say in the enforcement of the legislation.
However at the same time it is not like the president has never crossed the boundary enforced by separation of powers. The president has the ability to issue presidential decrees and isn’t creating legislation congress’ job? Also how many times has America gone to war without congress officially declaring war?
This is only the latest example of one of the branches of government pushing the boundaries of separation of powers. Throughout our history all branches of government have at times stepped into another branches role. The boundaries that are provided by separation of powers are already blurred and there will probably always be a tug-of-war going on between the branches of government.
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Good Post. It’s actually interesting to hear a spin on the Presidents power being restrained, usually it’s the other way around. I think it actually might be a good thing to spin this power. As you kind of stated, the president takes unconstitutional power all of the time, why pull the reigns on this incident?