51³Ô¹ÏÍø

Nebraska Senator Ben Sasse asks Attorney General nominee Merrick Garland at Senate Judiciary Committee nomination hearing if congressional inaction were a legitimate basis for the executive branch to act having a pen and a phone, Garland calling his really tough questions about basic constitutional structure, obviously not okay to do a Congress had not simply upset, quoting a Justice Robert Jackson in the Youngstown Steel case who said the president had authorities to act consonant with Congress, at its highest power when Congress had not acted at all, left with his only power clearly available under the Constitution depending on the circumstance, when acting in contravention of Congress only had authorities the Constitution gave him minus authorities Congress had, famously referred to as at its lowest ebb.