Friday, July 30, 2010

Fusion of Powers

The core of our Constitution is the Montesquieu concept of separation of powers. Overlayed with Madison's vision of checks and balances it creates a distinctly different form of government than a parliamentary system.

We have a legislature to enact laws and determine policy, an executive to implement the laws and organize the administration, and a judiciary to rule on the meaning of the law while protecting the rights of the citizenry. Unfortunately most Americans have long forgotten how that works and now apparently the administration is more than willing to apply that ignorance for their own nefarious goals.

Ask Joe Bagadonutz standing behind you in line at the grocery store who determines what government should do, he will unhesitatingly say the President. Who determines what laws are needed? The President. Who should set taxes, disburse welfare, solve problems, regulate our lives? The President! NO! NO! A thousand times NO!

It's all about power and control. It is about the imperial presidency. Remember how they broad-brushed the Bush administration as usurping power, extending the executive branch, seizing Congressional authority? It would be hard to find comparable evidence of that compared to what we observe currently on a daily basis.

Try this one:

End Run Amnesty Makes Millions Legal

The fact that they could even seriously contemplate such a violation of our Constitution should scare you. It is the domain of Congress to develop any such program of immigration reform. They would have to publicly propose, discuss the implementation, support their actions in public and suffer exposure to dis-election come the next November.

Notice some nuances in that memo. The administration would be picking and choosing whom to legalize! Did I hear the 14th Amendment "equal protection" clause crack there? They would effectively be cherry-picking voters for the future to permanently establish a Democratic control of our government. Nothing more to understand about this than that simple power seizure.

"When in the course of human events it becomes necessary for one people to dissolve the political bands that..."

2 comments:

Borepatch said...

I'm always interested to hear complaints that the Constitution is a list of "Negative Rights", as if this were somehow a Bad Thing.

Obama himself wrote about this, some years ago.

Limitations on what the Government can do isn't a bug, it's a feature.

Ed Rasimus said...

BP, language is a powerful weapon. The Constitution doesn't list negative rights, it simply does what all constitutions are supposed to do--it describes what a government is empowered to do. Those are the limited and enumerated powers. The basic document is not prohibitive, it is enabling.

It is the Bill of Rights, which wise Framers and wiser state legislatures required prior to ratification, that is the negatives--"Congress shall make no law.." "Shall not be abridge..." "are retained by the people" all occur in the B-of-R.