Whatever you think about American politics and government, whether you're right-wing, left-wing, or somewhere in between, you should be angry at Congress. I'm not just talking about the Republican-controlled Congress (although, by all means, be mad at them), I'm talking about the institution as a whole.
Let's start with the big picture.
In our constitutional system, Congress is the supreme branch of government. It is not “co-equal” to other branches and any statement to the contrary is nixonian propaganda. The Nixon White House pushed for widespread use of “coequal” as a way to defend against congressional oversight. “Coequal” does not appear in the Constitution. It is used sparingly in the Federalist Papers, but never to describe the relationship between the three branches of government (except once, to describe parity between the House and Senate).
Just look at the powers assigned to Congress. You can fire members of the other branches; The other powers cannot fire anyone in Congress. Congress writes the laws. It has exclusive authority to raise taxes (no small matter for the founders, rebels all), borrow money, regulate trade, raise armies, and declare war. Congress creates all federal courts and agencies not specified in the Constitution. Sets and pays their salaries. It has exclusive authority to admit states into the union. The other powers have nothing similar to these powers or authorities.
But over the last century, Congress has dismantled itself like a robot ordered back into its box, ceding its functions to the other branches. It bequeathed much of its regulatory powers to the executive branch and the courts. He gifted most of his war and trade authorities to the president.
Congressional leaders also stripped not only members but also committee chairs of significant influence over lawmaking, effectively disenfranchising the voters who elect them. Leadership simply declares what Congress will do and expects everyone to fall in line. When the same party controls the White House and Congress, the president and the Senate majority leader sell the president's agenda.
Now, let's consider the moment in which we find ourselves. On a wide range of fronts, President Trump is certainly testing and possibly exceeding his authority. But because it's popular with Republican voters, congressional Republicans won't do anything about it. Just in the last week, Trump ordered troops into Portland, Oregon, against the governor's wishes (remember the founders did thinking that the states were equal to the federal government). The administration also once again rejected Congress's power over the purse, declaring its refusal to spend money already appropriated by Congress to punish domestic opponents. Oh, and he unilaterally declared that we are at war with the drug cartels. after had ordered a military attack against a suspected drug trafficking ship in the Caribbean, killing 17 people.
What has Congress done? Nothing.
But a federal judge intervened to temporarily halt the incursion into what Trump calls “war-torn” Portland. In response, White House Deputy Chief of Staff Stephen Miller accused the judge, appointed by Trump! – to be one more “far–left democrat“guilty of”legal insurrection“in alliance with the national”terror networks.”
Now, I think that's ridiculous and dangerous nonsense. But maybe that's not the case. Maybe you think Miller is right. Do you know who could fix things? I'll give you a hint: it rhymes with “shmongress.”
The judiciary is not supposed to be the main check on the executive; Congress is. The vacuum created by Congress invites the president to fill it. In response, opponents go straight to court to thwart it, dragging the judiciary into political fights for which it is not suited.
In fact, if you love everything Trump has done, you should still be angry at Congress because the vast majority of his “accomplishments” are written in the disappearing ink of executive orders. Congress could make it impossible for judges to overturn their fees by signing them into law. By passing legislation, Congress could also prevent the next Democratic president from rescinding Trump's orders, just as Trump rescinded Obama's and Obama rescinded Bush's.
The founders certainly believed that courts could weigh in on the constitutionality of legislative and executive action. But they also believed Congress could do it.
Legislators also take an oath to the Constitution. In fact, for much of our history, they would enforce fidelity to the Constitution. Congress would refuse to pass legislation or fund executive actions that it deemed unconstitutional. And among the things he considered unconstitutional were actions that invaded his power and authority.
But the supreme power today is a parliament of experts, a congress of cowards, much more concerned with scoring partisan points than with honoring their oaths.
UNKNOWN: @JonahDispatch
