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The Separation of Powers and Other Constitutional Irrelevancies

Much of what we learned in our school days has been rendered obsolete by the march of progress. An automotive class once taught us how to rebuild a carburetor, a skill that has proved useless in dealing with the fuel-injected automobiles we have subsequently owned. We once prided ourselves on our ability to sift through card files and Periodicals of Publications and arcane volumes gathering dust on library shelves to come up with needed information, but even that skill has atrophied with infrequent use over the past many years of internet search engines. Our recollection of food pyramids and global cooling and the rest of what they kept yakking about in our health and science classes is vague, but we assume most of that is also out of fashion.
All that stuff they taught us about the Constitution and its checks and balances and separations of power and how a bill becomes law is apparently no longer applicable, as well, although we’re not at all sure this is progress.
An up-to-date curriculum would now teach students that the president has the unilateral power to make immigration law, enter treaties with foreign powers, enforce carbon regulations that even the most left-wing Congress in history explicitly declined to pass, and assume control of the internet without even answering any questions from Congress. Even when the most left-wing Congress in history did grant the president’s request by passing the abominable Obamacare law the president insisted that it be implemented according to his most politically advantageous timetable rather than according to what is written into the law, and that part about subsidies being available only through state exchanges is apparently to be ignored entirely because it doesn’t say what the president wants it to say. Now the president intends to enforce gun control regulations, so it seems all that stuff we were taught about the Second Amendment and its right to bear arms will also need revision.
The president’s latest dictate doesn’t ban AR-15 rifles, only the bullets that go in them, but this will make little difference to the law-abiding owners of those weapons. For some reason the AR-15 is an especially offensive firearm to the left, probably because its appearance is so similar to that of the weapons used by that nasty military of ours, to the extent that the last round of post-school-shooting hysteria offered up legislation to ban it, but the fact that Congress voted down the idea is apparently no longer an impediment to its implementation. There’s still some resistance to the president’s executive actions in both the courts and the House of Representatives, but enough of the Republicans in the Senate are resigned to the president’s unilateral power to make immigration that it might well be so. The White House has offered a “tweet”-sized explanation that “We’re a nation of laws, but we’re also respecting the fact that we’re a nation of immigrants,” which doesn’t seem very respectful of the notion of lawful immigration, but so the president has “tweeted” and so shall it be done. At least we’re able to grouse about it on this electronic forum, but it remains to be seen if that will out-last the Federal Communication Commission’s new regulations, which the FCC chairman declined to explain to the duly-elected members of Congress.
All of this will be perfectly fine with the president’s more devoted admirers, who much prefer him to that old system of checks and balances and separations of power and how a bill becomes a law, but they ought to be asking themselves how they’d like such powers to be in the hands of a Republican president. It could happen some day, after all, and would not only easily un-do all the presidential proclamations of the Obama era but unleash a wide range of policies that would surely unsettle the left. They could expect some help from principled conservatives who support the ends but not the means, and perhaps the courts will offer some restraints on the executive branch after years of wrangling over President Obama’s orders, and of course the press will suddenly be outraged, but we expect they will find it  a dangerous precedent.

— Bud Norman

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