The 45th President of the United States will enter office with a chance of gaining more power than the president usually has, according to constitutional scholar Bernadette Meyler.
Meyler, a professor at Stanford Law School, spoke to The Washington Post, elaborating on how much power the president has, and how much the next could gain.
"People definitely imagine the president has more authority than he or she actually does," Meyler said. "At the same time, we're at a particular moment when whoever is elected president may wind up having more power than a normal president would. That's partly because the Supreme Court still has a vacancy from this past term."
After the death of Associate Justice Antonin Scalia, President Barack Obama nominated Chief Judge Merrick Garland of the U.S. Court of Appeals to succeed him, but his appointment has yet to be confirmed by the Senate. Without a ninth member, the Court is prone to split decisions.
"The Supreme Court, which is usually the final check on a lot of executive action, is not exercising its functions in a normal way right now," Meyler continued. "We see this with a decision like the United States vs. Texas, where the court was split 4-4. In the case of the Supreme Court being equally divided, the lower court opinion is just affirmed."
"So, first of all, appointing a new Supreme Court justice would be a large exercise of power for the new president. And then even in the absence of the confirmation of someone new, if the Supreme Court isn't operating normally, that might give the president more latitude."
According to CNN, there's a good chance Clinton, if she wins, will support Garland's appointment despite previously implying she would make a different pick.
© 2021 Newsmax. All rights reserved.