There has always been much talk, from the right, about how the courts abuse the Constitution because they view it as a living, breathing document. The argument goies that the Courts should not make law, only interpret it.

Why is that same argument never applied to the Executive by the same philosophy? The Executive's job, in its fact the Oath of Office, is "to faithfully execute the Laws." In reality, we have seen an Executive over the history of the U.S. assume more and more power- far more than the Founding Fathers ever intended.

So why is the Constitution seemingly a living document for the Executive Branch, but not the Judicial?

A "liberal" court has historically tried to expand the scope and breadth of the Constitution, whereas a "conservative" court has kept to strict interpretation.

The Executive Branch has always taken liberal license with the Constitution and the U.S. Code. The most likely reason is that every President since I've been alive gets elected under the mantra of being a superstar 4-year monarch who will be the national savior. So, the President (and his appointees) take full advantage of this freedom of operation. In addition, the judiciary at any level does not get involved until a dispute regarding the actions of the Executive is filed and presented.

A good example is the current President, and is not intended as a slam at him, but is the easiest to show. Many of his supporters are loyal to the point of being considered zealots. With that loyalty, he can push the envelope ultra vires to the extreme, until actually challenged in court and losing before the judiciary. The President has a massive legal support system, including the office of White House Counsel and (for many situations) the office of the Attorney General, at his disposal. So, Presidents can drag cases along for an entire term, thus keeping "authority" through the skilled use of case management. Pres. Bush's staff used "skilled case management" in several situations, and did so effectively - and Pres. Obama's legal staff is equally competent.

Again, every President has authority-grabbed as much as he could, until stopped by the Court or the Legislature & Court combined. It's our system.....