Alito, J., dissenting
a novel construction of the constitution, and is entirely inadmissible.” Id., at 613. This Court made the obvious connection to the separation of powers: “vesting in the President a dispensing power” would result in “clothing the President with a power entirely to control the legislation of congress, and paralyze the administration of justice.” Ibid.; see also Office of Personnel Management v. Richmond, 496 U. S. 414, 435 (1990) (White, J., concurring) (citing Kendall to explain that the “Executive Branch does not have the dispensing power on its own” and “should not be granted such a power by judicial authorization”).
The original understanding of the scope of the Executive’s prosecutorial discretion was not briefed in this case, and I am reluctant to express a firm position on the question. But it is indisputable that we have been provided with no historical support for the position taken by the Solicitor General or the majority. *** This sweeping Executive Power endorsed by today’s decision may at first be warmly received by champions of a strong Presidential power, but if Presidents can expand their powers as far as they can manage in a test of strength with Congress, presumably Congress can cut executive power as much as it can manage by wielding the formidable weapons at its disposal. That is not what the Constitution envisions.
I end with one final observation. The majority suggests that its decision rebuffs an effort to convince us to “ ‘usurp’ ” the authority of the other branches, but that is not true. Ante, at 3. We exercise the power conferred by Article III of the Constitution, and we must be vigilant not to exceed the limits of our constitutional role. But when we have jurisdiction, we have a “virtually unflagging obligation” to exercise that authority. Colorado River Water Conservation Dist. v. United States, 424 U. S. 800, 817 (1976). Because
