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#30 - Separation of Powers- Who pays attention?
There seems to be a major problem with our government here in the United States of America. After over 200 years of operating under the constitution, no one understands their role in the federal government anymore. Congress says they can't control what the government does, Clinton says it is a do nothing Congress, he fails to enforce existing laws and keeps executing lots of Executive rules. The Supreme Court wants to get into the law making business.
What does the Constitution say each of these branches roles are to be? The president is head of the Executive branch. That branch's main function is to execute the laws of the land, i.e. to enforce the laws. The president does also sign to approve all legislation. The congress is part of the legislative branch of the government. Their function is to create the laws of the nation. If they believe there are enough laws then their function mere is creating a budget to allow the other branches to operate. They can pass laws with out the president's approval simply by overriding his veto (of course it requires a two thirds vote) if that is what the people want. The function of the Supreme Court is to operate the judicial branch of the government. Their role is not to make laws, but to make sure that the laws that are made and that the enforcement follows the Constitution.
Now the questions are: Where can Clinton claim Congress is do-nothing, How can Supreme Court make laws, Why are we worried about Supreme Court nominees by the next president, How does Clinton make all these Executive Actions that have weight of law, Why is Clinton not enforcing existing laws, Why is Congress investigating what executive branch doing?
Why does Clinton claim Congress is do-nothing? It hasn't passed laws that he favors. Personally I favor a do-nothing Congress. We already have so many laws, none of us knows if we may be violating them at any point. The facts are: one we need to enforce the existing laws, and two if we are not going to enforce the law lets get rid of it.
How can the Supreme Court make laws? It does all the time by not deciding if a law is legal by Constitution, but whether it does what they want it to do. This is wrong. Unconstitutional. It should make no difference if the justice is a liberal of conservative, if it is not covered by the Constitution, it is not their issue decide if it is a permissible law. The Constitution has been dragged in so many ways by both groups of justices; there really is question if there is a Constitution left.
How does Clinton make all these Executive actions that have the force of law? Simple Congress and the Supreme Court have let him. They should be tossed out by Supreme Court because they were not made the way the Constitution provides. Congress should cut off all funding that allows their publication and enforcement.
Why is Clinton not enforcing laws? Simple by not enforcing certain laws he can claim he need stronger laws. Case in point. He has hardly prosecuted anyone who fails a background check for guns. However he claims we need stronger laws against guns. If he sent you to jail for trying to illegally purchase a legal gun, then these people would not go somewhere else and acquire illegal gun. The current laws should have been enforced on the two who did the shooting in Colorado as they had already broke 17 laws. Would one more law make a difference? Let's enforce the existing immigration laws, whether than write new ones.
Why does Congress spend time investigating what executive branch is doing? Reason to find out what is wrong and to make new laws to prevent or to get them prosecuted. Well that should be the reason, but they don't pass laws to tighten the rules to stop the problems, and since Watergate have you ever heard of someone getting in legal trouble for what they told Congress? No the real reason is to appear like they are doing something and to get publicity to get re-elected. Has Congress ever followed the finance abuses of 1996, or the abuses of power by Clinton with Executive action?
What we need today is for our division of government to go back and do what the Constitution says. Then Congress can be like the Supreme Court and only meet so many weeks a year. The President can make sure that he does "faithfully execute the laws" and the Supreme Court can cut their workload back. The best parts will be one: no longer will we have to fear the government at work, and two: people will actually hold respect for their government leaders again.
Dwight
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