Judicial Versus Legislative Versus Executive Power
Government branches have specific functions as defined by the constitution of the United States. However, the powers of each have become blurred. Each branch was designed to keep the others from dominating power. In the well-defined plan by the founders of our country, each branch had limited power so each would keep the other in check. The founding fathers had sheer genius when defining the powers of each branch. The founders also warned about the consequences of corruption of power. They warned of tyrannical powers usurping power for greed.
How Has Our System Changed?
The present government system is undergoing imbalance. No one is specifically to blame. The origin of the process began in the late 1770’s. More recently, the process has accelerated. Executive orders by the president are nothing new. However, the increasing use of executive power has resulted in decisions which should have been legislated in congress.
This process of executive orders reduces congressional power and strengthens the presidential power. If not checked, this executive power process will eventually lead to tyranny. During my life, congress has increasingly ceded power to the president. The long term effect had lead to limited congressional power. If this process is not bad enough, the judicial branch has increasing legislated decisions from the bench. The process of legislation was not intended for the judiciary branch. When legislation from the courts is present, the power of congress is further diminished and becomes in conflict with congress and the president. If these problems are not corrected we face a nation without consistent law and which will eventually result in dictatorial rule.
America – The Great Democratic Dream
Most citizens of the US do not appreciate the miracle of democracy. We take for granted our liberty and our free speech. The migrants from eastern Europe do understand it. They have suffered through repressive government and they understand the opportunities, free speech and economic stability in the US. If the powers of government do not remain within their defined functions, the US will change in a severe fashion. If judges continue to legislate from court and change law by political conviction or corruption, we are doomed. No consistent law will prevail.
Unrelenting lawsuits over power will persist until no one is left to sue. The American Bar Association must be very happy with this possibility. In addition, the president should leave legislation to congress. Governing by telephone and pen do not work. Most of the recent presidential executive orders will be struck down since these were not congressional passed laws.
Where Will It End?
Each of the branches of government seems to be battling for supremacy. The congressional branch is losing at the present time. The political atmosphere is no longer about solving problems. In the last 10 years, politics has severely divided the country. Angry, hostile, aggressive, and dangerous mobs are now acting as surrogates for a political party in the name of justice. These actions are dangerous and can escalate into chaos. Unless the branches of government, as well as political parties, perform their separate functions, democracy will disappear.