Replies

Co-equal doesn't mean equality of power, it means separation of power at an equal level of hierarchy.

To your point:

Congress passes laws, but the Executive can veto Congress.
The Executive makes appointments, but Congress must confirm them.
The same as #2, but with treaties.
The Judiciary rules on the valid application of the laws, but Congress sets the structure of the courts and the jurisdictions of the cases they hear (except for original jurisdiction per the Constitution).

One could argue that Congress has slowly encroached on the Executive by excessive oversight. There is no specific oversight power of Congress, but it is implied by the "necessary and proper" clause of Article I Section 8:

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Congress interprets this as needing to oversee the proper execution of the laws that are passed, but then they stray beyond "necessary" execution into other areas.

Oversight is also implied by the impeachment clause, suggesting that Congress is always on the lookout for impeachable behaviors (treason, bribery, or other high crimes and misdemeanors).

Oversight on Congress is implied by the Article I Section 6 privileges clause:

They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

The Executive can bring charges against a Congressman for felonious behavior or "breach of the peace."

Interestingly, "breach of the peace" seems to be just as vague a term as "high crimes and misdemeanors" when it comes to judging actionable behavior, but I don't see anyone claiming breach of the peace when Maxine Waters calls for harassing people on the streets.

It seems that these days, Congress sees anything a Republican President does as impeachable, and nothing that it does as a breach of the peace, including supporting and bailing out rioters and encouraging the intimidation of people and driving them out of restaurants.

-PJ