7 While many might share Justice Scalias view that separation of powers is

7 while many might share justice scalias view that

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7 While many might share Justice Scalia's view that separation of powers is crucial to a lawful government, the fact that powers are shared among the branches of the federal government is not something to be considered negatively. 2 8 It is the cumulative effect that shared powers and congressional term limits would have on minority voting power that this Comment seeks to caution the reader about. 29 Without the power and influence accumulated by 24 Morrison v. Olson, 487 U.S. 654, 697 (1988) (Scalia, J., dissenting) (quoting MASS. CONST. of 1780 pt. 1, art. XXX). 25 Id. 26 U.S. CONST. art. I, § 1. 27 One author states: Part of the folklore taught in civics classes deals with the importance of separation of powers to the U.S. political system. Like other examples of folklore, however, there is much that is misleading about that term .... The problem is that this notion of separation-whether correctly conceived as separate institutions or incorrectly as separation of powers-has become part of the public's expectations about government. MICHAEL L. MEZEY, CONGRESS, THE PRESIDENT, AND PUBLIC POLICY 206-07 (1989); see also EMMET J. HUGHES, THE LIvING PRESIDENCY 212 (1973) ("The President-any President-has some power to do almost anything, absolute power to do a few things, but never full power to do all things."); ARTHUR S. MILLER, PRESIDENTIAL POWER IN A NUTSHELL 72 (1977) ("[T]he historical theory has been supplanted sub silentio: legislation is a resultant of actions of all three branches, with Congress having the formal authority to enact statutes but with the Executive (and the courts) having effective control over much of the process."); see generally infra text accompanying notes 31-96 (discussing the powers of the president). 28 "The Constitution ... separated institutions and required that they share powers, an arrangement that remains today the cornerstone of the constitution against government." MEZEY, supra note 27, at 206-07. 29 In fairness to the office of the president, just as the chief executive exercises power considered to be "legislative," Congress has defacto inroads into domains of Executive power as well. See Morrison, 487 U.S. at 696-97 (holding that the Ethics in Government Act does not violate the separation-of-powers principle by unlawfully interferingwith the functions of the Executive branch). Butsee Bowsher v. Synar, 478 U.S. 714, 726 (1986) (holding that Congress cannot reserve for itself the power to remove an officer charged with execution of a law except by impeachment, because 2317
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2318 UNIVERSITY OF PENNSYLVANIA LAW REVIEW [Vol. 141: 2311 congressional members over time, 30 power and influence which is not affected by the possibility of "lame duck" status, the totality of presidential powers will outweigh those of Congress. As will be shown, this is true despite the fact that the president has a maxi- mum term of office of eight years.
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