Pondering presidential power

Today is Presidents Day. From George Washington to George W. Bush, each president has brought his own attributes to the White House. Each president has also held his own views on how much power the executive should wield - from the inactivity of James Buchanan to the assertive views of Bush.

Although the Constitution is vague on the extent of power for the office, it specifically places certain restrictions on the president. On this day set aside to honor presidents, America should reflect upon her constitutional history and the role of the president in national politics.

The Constitution specifically prioritizes the Legislative Branch of government as the most important because it is the body of the people. James Madison argued in Federalist 51, "But it is not possible to give to each department an equal power of self-defense. In republican government, the legislative authority necessarily predominates." For this reason, the founding fathers made sure to check the authority of the legislature by dividing its power within itself.

After this internal check, it is clear all three branches of government should exercise an equal amount of authority. Certainly, if one branch of government is to dominate, it should still be the legislature.

Over our lifetime and our parents' lifetime, the American system of government has rapidly evolved. Power-grabbing presidents and congressional legislation has strengthened presidential power and rapidly fortified the position of the executive. The maxim of separate and distinct has been violated. The Legislative Branch - the people's branch - is no longer supreme and the branches are no longer separate but equal. Today, the Executive Branch reigns supreme - a status that clearly violates the provisions of the Constitution.

The Constitution is the main reason this nation has survived heated conflict and divisive crises. Failure to respect the founding fathers' appreciation for checks and balances places the nation on a path of freedoms rescinded. Furthermore, the three branches must remain separate but equal. If the executive is more powerful than the people's body and if the executive can meddle in the affairs of the Congress, the nation is on the path to a monarchal state - the exact system of government early patriots fought to repel.

As Madison wrote, "In no part of the Constitution is more wisdom to be found, than in the clause which confides the question of war or peace to the Legislature, and not to the executive department ... [T]he trust and the temptation would be too great for any one man." Madison was right; the lust for power is too great to be placed in the hand of one man. For this reason, specific constitutional powers were given to the Congress - to the representatives of the people as a collective.

The erosion of legislative authority is most evident on the issue of war. Frankly, the cession of war powers to the executive is frightening given the history of despotic European monarchs using the military to hold its own people hostage. According to the Constitution, the president is Commander-in-Chief - a term that has become overrated. The president is only the Commander-in-Chief of the army, navy and militia when it is called into service.

The Constitution clearly states that the Congress has the authority to create the army and to call up the militia. The Congress funds the military. If the Congress did not create the army, the president would be Commander-in-Chief of nothing. The president is not the Commander-in-Chief of the economy, the Congress or the Supreme Court. Furthermore, the question of waging war is given, unambiguously in one simple sentence, to the Congress: "The Congress shall have power to declare war."

However, out of a fear of circumstances, the legislature has surrendered some of its powers to the executive. Every time the Congress fails to challenge the executive assumption of legislative powers, the Constitution is eroded. Every time the Congress cedes its authority to the president, it demonstrates a disregard of the Constitution. When this happens, the nation is one-step closer to a dictatorship of the executive.

The Gulf of Tonkin Resolution and the resolution authorizing the president to wage war in Iraq both relinquished legislative authority to the president. The Congress has also given up power on issues other than war, including budgetary matters - control of people's pockets. Over the past decades, the Congress has been blinded by haste and failed to debate thoroughly these important national issues, which are also constitutional issues.

Frankly, too many members of Congress have failed to uphold their oath of office to the Constitution. Too many members of Congress - Democrats and Republicans alike - have failed to question the president simply because he is a member of their party. Too many members of Congress place the president on a pedestal that elevates the executive far above the other branches of government. These members of Congress who fail to question and who are willing to cede legislative authority to the president are monarchists. They view the president as king.

The legislature has surrendered too much of its authority to the executive over the past decades. Unfortunately, the Congress has done so willingly and with few dissenting voices. The Congress has handed its constitutional powers - lock, stock and barrel - to the president simply because it was convenient or because he was a member of their party.

As a result, the Congress has few tools remaining to rein in an autocratic and powerful executive. If the Congress wants to continue issuing blank checks to the executive with no concern for the system of checks and balances, the people's house should just close its doors and put up a sign that says "Gone home: Congress out of business."

Madison was right, the temptation is too great for any one man. For this reason, America must protect the constitutional checks and balances that ensure separate but equal branches of government. The Constitution clearly proclaims that the people and not the president reign supreme.

If any one branch can usurp constitutional powers over time, the government will have undergone a bloodless and unseen coup. We must not let this happen. The Congress must not stand in awe of the Chief Executive. As one senator proclaimed, "Our greatest enemy is not armed with guns, you see; our greatest enemy is our own ignorance and our own inattention to the Constitution."

Sources:

The United States Constitution

Federalist 47, 48, and 51

The Congressional Record, September 20, 2004.