Kudos to the Editorial Board of the New York Times for putting aside the likely preferences of most of their readership and charging President Biden to, “Ease Up on the Executive Actions, Joe.” The piece argues, on constitutional and practical grounds, that presidents must work with Congress to establish legislation to carry out their agendas, rather than seeking to do so through executive actions.
While well-intentioned, the piece is flawed and self-contradictory, beginning with its subtitle, which asserts Biden, “is right to not let his agenda be held hostage.”
No, he isn’t.
The premise underpinning this statement, shared by much of the public, is that a new president’s policy agenda should be enacted by Congress based solely on the president’s election. This is backwards. The idea Congress is merely a rubber stamp for the will the executive is straight out of Hobbes’ Leviathan and foreign to the U.S. Constitution. Rather, the Constitution presumes legislation originates in Congress, exercising only those powers granted it, with the president’s role to either assent and execute, or veto.
While politicians love to throw around Rousseauian language like “will of the people,” the founders clearly rejected Rousseau’s vision of “the total alienation of each associate, together with all of his rights” to some “general will.” Our system is based upon the idea most natural rights are inalienable, no matter how large a majority seeks to infringe them.
The Constitution presumes there is no “agenda” to be pursued by either Congress or the president, but rather a narrow list of powers to be exercised by Congress in legislation and the president in execution. Whether the government should be involved in new areas is beyond the powers granted to either branch. They are reserved to the amendment process, which is difficult by design.
It has become routine for presidential candidates to promise sweeping changes they have no power to deliver. This has led the people to increasingly believe merely electing the presidential candidate of their choice should result in those changes. When it doesn’t, they blame Congress for “not getting anything done.” This is also backwards.
When a bill is proposed in Congress and voted down, Congress is indeed “getting something done.” If there were anything at all to the idea of a will of the people, that will would be found in the diverse opinions of the Congress, not the unitary will of the executive. The rejection of legislation suggested by the president is as representative of the people as its passing.
To comprehend the reason for the bitter divisiveness in American politics and its increasing propensity for violence, one should not only look to the vast expansion of centralized power over the peoples of vastly different cultures within the American federation, but to the relentless migration of power from the legislative branch to the executive. When one’s whole way of life could turn on the election of one man or woman to the presidency, that election takes on an outsized importance even to those normally disinclined to politics. The legal instability inherent in executive supremacy only adds fuel to the fire.
No, Congress is not a “better” way to legislate. It’s the only way. And for all the talk of defending democracy, a true belief in our republican system would respect the nay votes equally to the yeas.
Tom Mullen is the author of Where Do Conservatives and Liberals Come From? And What Ever Happened to Life, Liberty and the Pursuit of Happiness? Part One and A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.
President Trump continues to draw enormous crowds at rallies across America’s heartland even as Nancy Pelosi’s House Democrats continue to move towards impeachment. National polls
It’s true Federalists like Madison (at the time) and Hamilton proposed a much stronger federal government than the 1788 constitutional convention authorized, but many people wrongly argue they were motivated by purely tyrannical intentions. On the contrary, their main motivation was the belief a stronger central government would protect the individual from the democratic mobocracies they believed the states were already becoming.
Everyone loves democracy, until the vote doesn’t go their way. Then, there are protests, marches, recounts, and other forms of whining from everyone who doesn’t like the results. We saw that after Donald Trump’s election and after the 2018 midterms, when Democrats tried to keep recounting the votes in some races until they got the result they wanted.
Reeling in horror over President Trump’s nomination of Brett Kavanaugh (or
President Trump announced his second nomination to the Supreme Court on Monday. Perhaps as forward in the minds of conservatives as preserving the right to keep and bear arms, expressly protected from federal infringement by the Second Amendment, is how the new justice might rule on the Trump administration’s various immigration policies, decried by the left as “fascist!” and supported by the right as the federal government’s “constitutional duty.”
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They will hate you if you refuse to let them rule you. They will hate you if you don’t let them plan your life, spend your money and run your business. They will hate you if you don’t let them “educate” your children. They will hate you if you pursue your own happiness, encouraging your fellow men and women to do the same.
In the wake of yet another mass shooting in a public school, a host of familiar recommendations have resurfaced about how to “prevent this from ever happening again.” Predictably, both conservatives and liberals are looking to the government for a solution. Americans have somehow arrived at a point where they cannot conceive of human action that is not either prohibited, mandated, or, at the very least, centrally planned.
Just when you thought the left-wing totalitarians among us couldn’t sink any lower, they have. Not content to simply exploit the tragedy of school shootings in the third person, they have now recruited teenage survivors to