A common refrain from the Right is that they don't like judges legislating from the bench. Now what they really mean is judges who decide cases in ways that they don't like.
Judges shouldn't render decisions that are effectively legislative rather than judicial and generally they do everything possible to avoid assuming the role of a one man or one woman legislative force.
This makes sense since our Constitution grants the legislative power to the Congress under Article I.
The Constitution clearly states, "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." Art I, Sec. 1.
Article II of the Constitution grants power to the office of the President. The only time the President is mentioned in Article I is in reference to the veto power of the President.
Legislating from the bench would be anathema to our Constitution so why do we tolerate it from the White House?
