Why is this not surprising

Posted by Robbie53024 11 years, 3 months ago to Government
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Holder cannot point to anything in the Constitution where this power exists.


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  • Posted by rlewellen 11 years, 3 months ago in reply to this comment.
    I don't see one if the standard legal test, first described by Supreme Court Justice Robert Jackson, who said the president's authority to issue executive orders is strongest when he does so with the backing of Congress (category one), more dubious when he issues an order pertaining to a topic on which Congress has not passed a law (category two), and weakest when the executive order is "incompatible with a congressional command" (category three) delaying the employer mandate is clearly in category three. I cannot say whether the president has the authority to set the pay scale for people that contract with the federal government.
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