What about the constitutional directive that the President shall ensure that the laws are faithfully executed? Congress has prescribed how agencies may issue regulations and interpretations through statutes shouldn’t these statutes control?
Article II Section 1. The executive Power shall be vested in a President of the United States of America
It doesn't say "some of the executive power", nor does Article I mention anything about being able to create new executive powers vested in other entities. So if the president is the only one who has been vested with the executive power, how can a functionary of the executive promulgate a regulation that disagrees with the president? Ultimately the House can impeach and the Senate convict, possibly disqualifying them from federal office.
Right, but what is “executive power”? It is the power to put laws into effect—to execute them. And Congress writes those laws. Article 2 Section 1 does not confer power beyond what the laws provide.
And “vested” does not mean exclusive. Many U.S. laws grant executive power, including the power to promulgate regulations, to persons in the executive branch other than the president. For example, the Communications Act of 1934 creates the FCC and gives the commission the power to “perform any and all acts, make such rules and regulations, and issue such orders, not inconsistent with this chapter, as may be necessary in the execution of its functions.”[1]
There is no authority in the statute for the President to override these determinations made by the Commission.
The enumerated powers in article 2 along with the implied powers that are necessary to carry out the constitutional responsibilities of the president make up the executive power.
> Article 2 Section 1 does not confer power beyond what the laws provide.
It does not confer power beyond what is enumerated and implied within article 2 which vests those powers into a single president. Laws are subordinate to the constitution and have no way of limiting, modifying, or expanding it unless the amendment process is used.
> And “vested” does not mean exclusive.
Can there be two commander in chiefs?
> Many U.S. laws grant executive power, including the power to promulgate regulations, to persons in the executive branch other than the president.
How are they granting executive power? I see nothing in article 1 to suggest they have such a power. Congress was given explicit powers to create lower courts though, "To constitute Tribunals inferior to the Supreme Court". It seems odd that the framers would forget to mention that congress can also vest executive power into entities of their own creation.
> There is no authority in the statute for the President to override these determinations made by the Commission.
So according to you argument congress can create an enabling act wherein they vest all executive power into the newly created agency head and require the president to nominate a specific person by a specific date and the president would be obliged to execute that law?
