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The idea behind these authorities is that the President is better situated to make those kinds of determinations than Congress, especially when they're time-sensitive, so I think the President's conduct may well be within the letter of the law here. But, as with the National Emergencies Act, I very much doubt this kind of exercise of the authority conferred by the statute is what Congress had in mind.
President Bush wasn't the first to use signing statements, but President Bush used them more often than both President Bush predecessors and successors, and, as importantly, President Bush consistently used them to advance an aggressive theory of constitutional limits on Congress' power to interfere with the Executive Branch that was largely a novelty.
Supreme Court's impossible to disagree with Judge Kavanaugh that, in a perfect world, Congress would take the lead when it comes to investigating misconduct and malfeasance by the President, but what Judge Kavanaugh seems to be implying here is not only that Congress should take the lead, but that the Constitution might itself foreclose independent prosecutors like Independent Counsel Ken Starr and Special Counsel Mueller.
His views of the President's constitutional authority would call into question at least some of the means through which a sitting president can be investigated, there's no question other investigative avenues remain, especially through Congress. But the' unitary executive' theory that Judge Kavanaugh has so often embraced is difficult to reconcile with even a somewhat-independent prosecutor within the executive branch who doesn't serve at the pleasure of the President.
Supreme Court has reaffirmed the President's sweeping statutory authority when Supreme Court comes to deciding who may and who may not travel to the United States, authority that both President President Donald Trump and future presidents will surely rely upon to justify more aggressive immigration restrictions.
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