Restoring Legislative Power to the Legislature

Published January 26, 2017 11:13am ET



In Federalist 48, James Madison writes that, far from having three “coequal” branches of government—an erroneous claim that’s commonly asserted today—the “legislative department derives a superiority in our governments” from having “more extensive” constitutional powers that are “less susceptible of precise limits.” In comparison, “the executive power” is “restrained within a narrower compass” and is “more simple in its nature.” In Federalist 51, Madison adds that, “In republican government, the legislative authority necessarily predominates.”

Madison, therefore, would surely be shocked to read this line in Wednesday’s Wall Street Journal: “The president has authority to unilaterally determine how many refugees the U.S. will accept.”

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