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Separation of Powers is the Key to the Constitution

10/23/2019

Andrew McCarthy has written an excellent indictment of the present impeachment process lead by the House Democrats against President Trump, “The Trivialization of Impeachment,” and succinctly explains the essential checks and balances imposed by our Constitution.

“Our system is based on separation of powers, because liberty depends on preventing any component of the state from accumulating too much authority — that’s how tyrants are born,” McCarthy writes. “For the system to work, the components have to be able to check each other: The federal and state governments must respect their separate spheres, and the branches of the federal government must be able to rein in a branch that oversteps its authority.”

As to the impeachment of President Trump, McCarthy opines that it is obvious the Democrats do not have evidence of an impeachable offense. “Trump’s missteps do not rise to the level of impeachable offenses. If they did, Democrats would not fear voting to conduct the impeachment inquiry, and they would proudly hold their hearings in public with due process, rather than behind closed doors with selective leaking.”

McCarthy cites other powers bestowed by the Constitution that are not as extreme as impeachment. He writes, “Routine disputes involving the propensities of both the legislature and the executive to act outside their authorities would be handled by lesser remedies. Congress, most importantly, was given the power of the purse and significant power over executive agencies (to create them, to limit their authority, and, in the Senate’s case, to approve their leaders).”

McCarthy concludes by lamenting the present impeachment process will weaken the ability of Congress in the future to remove a president that has actually dangerously abused his or her power. This may be true. However, restoration of the numerous and competing checks and balances must be restored.

First, Congress must do its Constitutional duty to make the laws. The Constitution is very clear. Only Congress makes the laws, not the President or the administrative agencies. Wrongly, Congress has deliberately made few and vague laws, which has given presidents and bureaucracies too much power.

How do “We the People” restore Constitution? First, We the People must educate ourselves on the Constitution and the separation of powers. Next, We the People must remind and demand that our elected officials in the Legislative Branch – senators and representatives – do their duty to make the laws.

A prime example is to pass the budgets, which every for-profit and non-profit commercial entity must do to survive and excel. There is a federal law prescribing a process but again it is seldom followed. In February, the President’s budget proposal goes to Congress. Then Congress creates the annual spending bills, and Congress and the President approve the spending bills by October 1. Wrongly, this process is seldom accomplished and instead of an orderly, process a “continuing resolutions” keeps government working – definitely not smartly or honestly and resulting in the piling up of the national debt. No entity can excel without an orderly budget process, especially government.

Okay, you ask how do you educate the public and make all the elected officials abide by the Constitution and the laws? FreedomWorks organizes with the many institutions that support the Constitution, the separation of powers and state sovereignty; these organizations exist in every state. Then present a persistent and continuous social-media campaign that informs and mobilizes We the People. But how do you force the politicians to follow the law and the Constitution? Pass a law stopping the politicians’ salaries until they pass budgets pursuant to existing laws.

America must restore the Constitution, separation of powers and an honest budget process. We the People must make it happen; otherwise, Congress will continue to ignore their duty to make the laws. Worse, freedom and prosperity will decline in America.