Arlen Specter: “one other issue is of concern to me, and that is the question of delegation of congressional authority to the President.…”

“one other issue is of concern to me, and that is the question of delegation of congressional authority to the President. The constitutional mandate--and I spoke to this subject last Thursday and will not repeat a good bit of what I said--but the doctrine of separation of powers precludes the Congress from delegating its core constitutional authority to the executive branch. I had occasion to study that subject in some detail on the question of the delegation of congressional authority on base-closing commissions. There is a substantial body of authority on the limitations of the delegation of congressional authority. In an extensive treatise by Professor Francis Wormuth, professor of political science at the University of Utah, and Professor Edwin Firmage, professor of law at the University of Utah, the historical doctrines were reviewed leading to a conclusion that the Congress may not delegate the authority to engage in war. If we authorize the President to use whatever force is necessary, that contemplates future action. While no one is going to go to court to challenge the President's authority, that is of some concern, at least to this Senator.”