Courts cannot preserve congressional power that Congress fails to use

Evidence

But I have no illusion that any decision by this Court can keep power in the hands of Congress if it is not wise and timely in meeting its problems. A crisis that challenges the President equally, or perhaps primarily, challenges Congress. If not good law, there was worldly wisdom in the maxim attributed to Napoleon that *The tools belong to the man who can use them.” We may say that power to legislate for emergencies belongs in the hands of Congress, but only Congress itself can prevent power from slipping through its fingers. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2870

Categorization

• DEEPTHINKING: Jackson’s separation-of-powers realism reaches institutional-design depth: judicial rulings cannot substitute for a branch’s own competence and will.
• XREF: Echoes the refrain from ch0 that continuous observation triggers reform, and prior chapters on advisory agencies never becoming effective power. — connects to: Free government requires that the executive act only under law made by parliamentary deliberation — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2872; Private bills persist partly because Congress waives requirements courts would impose — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2298; An agency cannot achieve through regulation what Congress declined to legislate — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2444 (+8 more)
• recurring: this claim recurs 2 times within its source

Broader Connections

• An agency cannot achieve through regulation what Congress declined to legislate #corroborates (0.90) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2444
• Courts lack the power to dictate public policy and depend on political support #expands (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 212
• Courts can declare a defense unconstitutional but cannot implement supporting programs #expands (0.80) — , The Rod and the Child, 8141
• Courts rarely dictate policy because rulings need political support. #expands (0.80)
• Courts cannot produce the precise schedules legislatures enact #corroborates (0.75) — Lawrence M. Friedman and Grant M. Hayden, American Law, 456
• Courts may not amend a statute however desirable policy change may be #qualifies (0.75) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 1059