During the recent presidential scandals, concluding with the
impeachment of President Clinton, many people were heard to say
that the investigations should end so that the president could
get back to “the business of running the country.” Under a
constitution dedicated to individual liberty and limited
government—which divides, separates, and limits power—how did we
get to a point where so many Americans think of government as
embodied in the president and then liken him to a man running a
business? The answer rests in part with the growth of
presidential rule through executive orders and national
emergencies. Unfortunately, the Constitution defines
presidential powers very generally; and nowhere does it define,
much less limit, the power of a president to rule by executive
order—except by reference to that general language and the
larger structure and function of the Constitution. The issue is
especially acute when presidents use executive orders to
legislate, for then they usurp the powers of Congress or th