Thursday, February 12, 2009

President vs. Congress

Everyone thinks that the office of the President of the United States is one of enormous power but that is not so. What power does the President really have. In Article II of the Constitution section 2 it spells out the power that the President. Besides being the commander-in-chief of the military, the power to pardon for "Offenses against the United States, and the power to fill positions that were vacated when Congress is in recess; Presidential power is tied directly into Congress. He can appoint cabinet members, judges, and ambassadors but the Senate has to confirm the appointment. When it comes to treaties, the President can make treaties but Congress must pass it in order for it to be legally binding. The President can suggest legislation but Congress must pass it. The one thing that the President can do is to sign legislation into law or veto it and send it back to Congress. In those cases, Congress can try to override the President's veto, rewrite the bill, or do nothing. Of course the President does have the ability to issue executive orders but if they are unconstitutional, they will be overturned.

If you look at Article I of the US Constitution, you will notice that the powers given to Congress, while they are wider, are still limited. Why is it that we allow Congress and the President to get away with so much instead of taking a stand against them when they make a power grab.

There are some that say that this started in the 1930s with FDR's New Deal. Others say that it started in 1913 with Wilson. I say that it started in 1861 with Lincoln but I will write on this later. No matter when it started, FDR's New Deal kicked it into high gear.

One of our founders said that a government benevolent enough to give you everything is powerful enough to take everything away. We are there and have been there for decades. Look at the power of the IRS. In a court of law the burden of proof is on the government. With the IRS they make a claim and then you have to prove them wrong. Where did we go wrong? We must work to elect people who will go to D.C. to repeal. Repeal must be on our minds and the minds of our elected officials. They need to sign a contract or pledge saying that they will work to begin the dismantling of the federal leviathan.

No comments:

Post a Comment