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- Path: sparky!uunet!usc!cs.utexas.edu!asuvax!ncar!csn!boulder!ucsu!ucsu.Colorado.EDU!fcrary
- From: fcrary@ucsu.Colorado.EDU (Frank Crary)
- Subject: Re: A 4th branch of government?
- Message-ID: <1993Jan21.044432.7570@ucsu.Colorado.EDU>
- Sender: news@ucsu.Colorado.EDU (USENET News System)
- Nntp-Posting-Host: ucsu.colorado.edu
- Organization: University of Colorado, Boulder
- References: <1993Jan20.062643.5142@ucsu.Colorado.EDU> <26jP02Ps33LY01@JUTS.ccc.amdahl.com>
- Date: Thu, 21 Jan 1993 04:44:32 GMT
- Lines: 37
-
- In article <26jP02Ps33LY01@JUTS.ccc.amdahl.com> tjc50@juts.ccc.amdahl.com (Terry Carroll) writes:
- >> Which everyone (to the best of my knowledge) agrees is _not_ a blank check
- >> to violate other constitutional provisions. The accepted interpertation
- >> is that "necessary and proper" means within the limits established be
- >> the rest of the constitution.
-
- >No, but it supports the establishment of agencies necessary and proper to
- >administer the laws.
-
- Providing that no provisions of the Constitution are violated. The
- Tenth Amendment specifically states that the federal government has
- no powers except those granted by the Constitution. Article One
- Section One states that all legislative power granted by the
- Constitution is vested in Congress. Therefore, whatever agencies
- Congress establishes may not have any "legislative power." The
- executive and judicial power is a little easier to give away: Executive
- departments, agencies, officials, etc... may be delegated executive
- power by the President (since Article Two, mentions
- them) and Article Three vests judicial power in whatever other courts
- Congress establishes as well as the Supreme Court. However, as far
- as the Constitution is concerned, Congress is the sole body to
- posess "legislative power."
-
- >...But apparently Congress
- >has the power to supplement the constitutional provisions, e.g., succession
- >beyond Vice-President. See 3 USC 19, which specifies the president pro
- >tempore of the Senate, and the Speaker of the House, followed by the cabinet,
- >as successors in the event of the death or incapacity of both the President
- >and Vice-President.
-
- Actually, that's still part of a constitutional provision: The
- Twenty-Fifth (I thinK) Amendment empowering Congress to determin
- who comes after the Vice-President.
-
- Frank Crary
- CU Boulder
-
-