At issue is the already much-damaged equilibrium of the Constitution’s separation of powers. If both cases are decided correctly, the vitality of Congress will be enhanced and the pretensions of presidents will be chastened. Today’s column concerns the case involving Congress’s investigative powers. A subsequent column will address the case concerning Congress’s core power, that of controlling government’s purse strings. Tuesday’s arguments will concern standing — whether the House can seek a judicial remedy for its injuries. If it has standing, it should win on the merits. Both cases are, therefore, vital to what University of Virginia law professor Saikrishna Bangalore Prakash, in his just-published book, “The Living Presidency: An Originalist Argument Against Its Ever-Expanding Powers,” calls the need to “recage the executive lion.”
Saikrishna Prakash