ABSTRACT

Many scholars studying the policy-making institutions in the United States have commented on Edward S. Corwin’s infamous explanation of shared Constitutional powers as “an invitation to struggle.”1 In perhaps no other venue is the interconnectedness of the Constitution on display than in matters involving joint executive-legislative policy making. The shared power to create and implement policy is at the center of the relationship between the authorities vested in Articles I and II of the Constitution. Article I (governing legislative actions) gives the legislature specific powers to regulate finances, provide for defense, and, generally, “make all laws” necessary for carrying out the execution of their powers.