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3.3 Dissenters from the Unitary Executive Theory argue that Congress can regulate any presidential powers that are not clearly spelled out in the Constitution – so long as Congress does not obstruct constitutional obligations placed on the presidency. They base their argument on the Necessary and Proper Clause (Article 1, Section 8) of the Constitution. That clause says
Congress shall have power … To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Image: George Washington.
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