So we had this creeping loss of power to the president over time in the last 20 or 50 years, including investigations in the 1970s or dealing with Nixon. But Congress never really decided this in one big step, it just happened slowly by pushes from the heritage foundation and others. Congress can take back its power. There's a reason why the Republicans are trying to gerrymander the house so the Democrats don't get a majority. It wouldn't just fix it but it would be a start towards starting to block overreach
Congress assumed
- it had a legislative veto (any committee could override an agency)
- independent agencies existed.
So it gave broad authority with those assumed checks.
SCOTUS declared legislative veto unconstitutional in 1982. And administrative state is actively going away.
So POTUS can do a lot of damage using the law itself.
This is the new system. Dems need to use it too.