Posted on 09/29/2014 7:45:28 AM PDT by Jacquerie
As we get worked up over the November mid-term elections, it is worthwhile to step back a moment from politics and take a look at an important facet of our current (as opposed to constitutional) government.
The Constitution of 1787 provided Congress with plenty of authority to deal with the likes of a power grabbing FDR, LBJ or Obama.
Make no mistake, Obama has UNITARY authority over the executive branch. Every freedom absorbing regulation or crime committed by the EPA, IRS, HHS etc. is his responsibility. The EPA shuts down coal fired electric plants, the IRS shuts down political opposition, and HHS violates religious freedom of the Little Sisters of the Poor with Obama’s approval.
The Constitution’s provisions for impeachment and prohibition of legislative attainder go back at least to 17th century England. That tumultuous century began with domination of parliament by the Crown. It ended with uneasy tension, yet a balance of power between the legislative and executive. In between, members of the House of Commons regularly stood up to kings and their ministers at great personal risk. If the king wanted money, the Commons had to appropriate it. While the king could not be impeached (although one was beheaded) his ministers darn well could, and they were. Bills of Attainder were not uncommon either, and one minster was executed via this legislative, non-judicial weapon.
Fast-forward to 1787. Those stupid slave owning and formerly English white guys in breeches took some lessons from their* tradition and history. They incorporated Constitutional clauses which struck not only a balance in functions of the new government, but included means to remind Presidents that in America, The People are sovereign.
Appropriations. Early 17th century English kings often got away with taxing and spending revenue as they saw fit. What the Commons won in bare knuckle combat, was quietly included in our Constitution, the appropriations clause. Without an appropriation which begins in the House of Reps, the President is denied the fuel to implement anything. Over recent decades, this power has effectively, for practical purposes been punted to the executive.
Bad Men. Despite the allure of legislative felony trials, our Framers nixed them. However, unlike the Brit system, ours made provision for firing the occasional dirtbag executive, cabinet secretaries and other high appointees. By this, every President and his officers were expected to constantly look over their shoulders, just to be sure an angry mob wasn’t bearing down on them. The impeachment duty of the House of Reps and trial by Senate has been effectively excised from the Constitution. What crime against our Supreme Law must a President commit before he can be found guilty and removed from office?
What is actually far worse, Presidential immunity from impeachment/conviction has been extended to his secretaries and officers. Recalling the unitary nature of the American executive, the unsaid reason involves face and pride, for to accuse an executive branch appointee has become tantamount to accusing the President. Since the President cannot be insulted, let alone impeached, his ministers are also safe.
Little more than two years remain. Despite a House that has sloughed of its duties to make laws and appropriations, it is possible though unlikely the new Congress will take up executive branch malfeasance and high crimes. If Congress does not, expect more than continued erosion of the Constitution. It means retrograde government, government in reverse gear to a time before our English and Colonial ancestors fought, bled and died to secure freedom.
He just needs to be Republican, and do what Democrats do with impunity.
It means retrograde government, government in reverse gear to a time before our English and Colonial ancestors fought, bled and died to secure freedom.
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The title is perfect ! Was there a link or original piece?
Its a vanity. Warts and all, the words flew off my fingertips yesterday morning.
Fantastic piece! The term “Retrograde” is very appropriate description of our current state.
Thank you very much.
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