Tuesday, May 15, 2012

Federal Government Balance of Power

Last time I talked about the 10th Amendment and our founding fathers’ concern with a federal government that grew too large and out of control.  Our founding fathers were also very concerned with too much power with any one government group or individual bureaucrat.  They had personal experience with dictators and monarchs and were well aware of the threat to personal freedom this could be. 
Our founders designed a three-part government that would serve as a check and balance to protect personal freedoms.  The three parts are the legislative branch, the executive branch, and the judicial branch.  The role of each of these braches of government is clearly spelled out in the Constitution and the Amendments to the Constitution. 

The legislative branch is our Congress.  The founders built in an additional check and balance in the Congress with two branches.  The House of Representatives were to be elected by popular vote by the state represented.  The number of Representatives each state was allowed was based on population. 
The Senate was to be made up of two Senators from each state.  These Senators were to be appointed by the individual state legislators.  This was and excellent check and balance. The 17th Amendment made the change to electing Senators by popular vote.  Too bad.  We need to correct that mistake.
The job of the Congress is simply to pass the laws of the nation and pass a budget.  All members of Congress swear an oath to observe the Constitution and the Amendments.  I would interpret this as an oath not to extend the Federal government beyond the powers given in the Constitution. 
Our founding fathers never considered this job to be a career or a full-time job.  The founding fathers considered it to be “Public Service”.  Financial compensation was to be minimal.  In fact, if the individual had the financial resources, they were expected to serve without compensation.  How things have changed.

        The President’s job was also simple.  He was the Commander and Chief, and enforced the laws of the land. 
        He does not have the option of choosing which laws to enforce.  He also does not have the option of creating laws by “Executive Order” or modifying laws at signing.  These practices have continually increased over the years with Presidents from both parties. 
        Recent Presidents have also created new government departments and government bureaucrats without the approval of congress.  These bureaucrats are creating laws or regulations without the approval of Congress, and in some cases in direct contradiction to the wishes of Congress. These practices have continued to increase to a dangerous level in my opinion.

        The Supreme Court’s job is to insure all the Constitution is obeyed.  They also are responsible for prosecuting violations of Federal laws.  Simple.  The Supreme Court is never to “Make Law” with rulings.  There should never be any partisan politics involved.  Simple.

        It was such a simple and effective government.  What have we done to it?  How do we get it back?


       

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