On January 12, 2016 House Judiciary Committee Chairman Bob Goodlatte (R-Va.) “announced the creation of a Task Force on Executive Overreach to examine the historic breakdown of the separation of powers and checks and balances that has led to the unprecedented increase in presidential power and executive overreach.” Part of the Task Force’s mission is to “study the impact the increase in presidential and executive branch power has had on the ability of Congress to conduct oversight of the executive branch, the lack of transparency that furthers unchecked executive power, and the constitutional requirement of the President to faithfully execute the law.”
Which is why it is so painfully ironic that this Task Force on Executive Overreach shut down a reasoned legal argument about the very behavior it is supposed to rein in.
On May 24, 2016 law professor Gail Heriot gave testimony to the U.S. House Taskforce on Executive Overreach describing the latest Obama edict on transgender guidance. In her 21-page testimony, Heriot spoke “as an individual member of the United States Commission on Civil Rights and not on behalf of the Commission as a whole” stating that “Congress has succumbed to the temptation to confer more discretion on executive branch agencies” and this has severely damaged the separation of powers so integral to America’s governance.
Furthermore, Heriot describes the many administrative agencies that grab power that was never conferred to them via the Constitution. Thus, “the Equal Employment Opportunity Commission (EEOC) has . . . managed to transform what was supposed to be a limitation on its power into a greater power . . . by issuing ‘guidances,’ which are devilishly difficult to challenge in court.” Consequently, “resistance by employers is usually futile.”