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What happens when Congress clearly says no, as it did here, the President acts anyway, and the Supreme Court lets him keep doing it because it says the challenger can’t sue? Roberts himself says the construction is likely unlawful. At that point, what exactly is Congress’s power worth?
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Going back decades, Congress has opted to grant more and more power to the Executive Branch, in part because of how much bigger the government has gotten. When we were 13 colonies, it was a hell of a lot easier for Congress to be much more in the weeds when it came to issues, but now that is just an impossible task.
When the Supreme Court struck down Chevron deference in 2023, that was a huge step in Congress getting back power it had previously let slip away. However, it also created a catch-22 in that the way we had been writing laws for decades now had to be changed. Fixing all of this is going to take time and additional court decisions.
One thing that has continued to work regardless of Administrations is Congress's power of the purse. While a CR (continuing resolution) does hurt the image of Congress being in charge of the money Admins still follow the money and where it goes. The PBRs (Presidential Budget Requests) from the last 5 years look a lot different than what Congress ends up appropriating for the various agencies. NASA last year is a perfect example of this and military spending for FY 27 is another.