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The increased use of executive legislation in the absence of challenges from Congress or the Supreme Court has expanded the power of the president beyond constitutional bounds and poses a serious threat to our democracy. The author concludes that fears of the president becoming some type of dictator are overblown, but the tendency by modern presidents to use executive legislation to expand the scope of their power is especially dangerous considering that neither the Supreme Court nor Congress is very likely to challenge an executive order, rendering the most important check on presidential legislation virtually nonexistent.

Executive Legislation and the Expansion of Presidential Power