‘Recage the Executive Lion’: The Supreme Court Could Prod Congress To Rein In a Rampant Presidency
The process could be advanced on Wednesday when the high court will hear arguments about the constitutionality of a rarely noticed item in phone bills.
A Madisonian moment has arrived. Power vested in the judiciary by the Constitution’s Article III might yet prod Congress into exercising its atrophied Article I powers to restrain today’s rampant presidency, whose Article II powers can only be checked by the courts, and by a Congress reinvigorated by the courts.
This process might advance Wednesday when the Supreme Court will hear arguments about the constitutionality of a rarely noticed item in your phone bill. The Federal Communications Commission hopes the court will overturn an excellent appellate-court ruling that ratifies some FCC mischief.
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