Correcting America's Government: Weaker Executive

[Samson]

IMHO the bigest problem with the US Government is the unnatural growth in size of The Executive Branch which now has WAY too much power.

This branch was never meant to be the gross bohemoth it grew into during the Civil War, and particularly WW II. From what I can see, before WWII, the Chief Executive was little more than a unfunded branch, whose President was conveniently dispised almost universally, and on very rare occasions, deeply loved, but almost never held accountable for anything except military adventures, most of which were done on very small scale.

As a result, the Legislative Branch doesn't take much responsibility for anything, and most Americans don't even know who their congressman and senator are. Most HoR and Senators have become low profile idiots (Boehner, Pelosi) who welcome the spotlight during an election, the dodge responsibility during their terms (e.g. Senators Obama, McCain). They make gawdawful Presidents.

Solution?

Not really sure that the sybiotic relationship between host (The Executive) and paracite (The Legislative branch) is possible to weaken. It would start with the American People recognising the problem: They don't, because, frankly, they LIKE the Semi-Monarcy of the President. For partisan morons who are used to being spoon fed by a media that makes their lives simple with only two colors (Red and Blue), a Dem president to blindly attack or defend is as attractive as a Repub president to blindly attack or defend.

But, let's suspend reality.

If voters would elect a President that would close down most of the Executive Branch's various Depts, Bureaus, Agencies, etc...to pre WWII levels....just say fuck it, I'm only going to do the job strictly spelled out as it has been written, which is very Fuzzily Written.

The lack of specific, detailed language in the Constitution describing the power and responsibilities of the executive branch has given presidents a great deal of flexibility to increase its size and scope over the years, in terms of both the range of its authority and the number of people, offices, and agencies employed to carry out its responsibilities. Today, the executive branch consists of well over 3 million people who work in one of three general areas: the Executive Office of the President (EOP); the cabinet and 15 executive departments; and an extensive collection of federal agencies and corporations responsible for specific areas of the government.

In Summary:

Executive Branch legal definition of Executive Branch. Executive Branch synonyms by the Free Online Law Dictionary.

We need to elect a President that uses "The lack of specific, detailed language in the Constitution describing the power and responsibilities of the executive branch" to WEAKEN the EXECUTIVE BRANCH.

 

[Oddball]

Weaker executive, weaker legislature, a decent respect for separation of powers, devolution of powers seized by the feds back to the states....

[ame=http://www.amazon.com/Power-Divided-Checked-Argument-States/dp/1935098500]Amazon.com: Power Divided is Power Checked: The Argument for States' Rights (9781935098508): Jason Lewis: Books[/ame]

 

[Samson]

Weaker executive, weaker legislature, a decent respect for separation of powers, devolution of powers seized by the feds back to the states....

Amazon.com: Power Divided is Power Checked: The Argument for States' Rights (9781935098508): Jason Lewis: Books

Lewis makes some good points, but I don't see his answer to HOW to return power to states when the American people don't care, and the media promotes Drama on the National Stage like a Rocky an Bullwinkle Cartoon.

 

[DiamondDave]

It's ALL grown way too much in power....

 

[rightwinger]

Leave more decision making to the legislative branch??

 

[Samson]

Leave more decision making to the legislative branch??

Yes, they've dodged their responsibility long enough.

 

[Two Thumbs]

I don't think the power needs to be cut, specifically. The size and scope need to be cut more due to funding than power.

However, the Pres is in no position to ignore the law, but they do and the Houses don't stand up and do what's right.

That's the issue. Due to politicians "knowing" that if they fuck over the other teams guy, the other team will fuck over thier guy. So the Pres can do anything, knowing that no one will call him on it.

Man I love the 2 party system. We got mascots and team colors.

 

[Jarhead]

It's ALL grown way too much in power....

The Weiner debacle exposed something that emphasizes your point Diamond Dave...

The legislative branch has become so powerful that.......

There are laws that make it illegal for the typiocal civilian to lie to a congressperson...

Yet......

There is no law that makes it illegal for a congressperson to lie to a typical civilian.

 

[PoliticalChic]

Leave more decision making to the legislative branch??

Yes, they've dodged their responsibility long enough.

I think you're on the right track here.
Regulation, combined with the myriad commissions, agencies and bureaus which have powers that should be rightly restricted to Congress.

NY Senator James L. Buckley spoke at the Heritage Foundation, on his book “Freedom at Risk: Reflections on Politics, Liberty, and the State,” and discussed same:

1. The reason is the creation of more and more bureaus and agencies endowed with ever broader responsibilities and discretion in defining the rules that govern our activities and our lives. And these rules have the full force of law! Congress has increased the number of rules whose infractions are criminalized, waiving the common law requirement that one knows he is breaking the law. Today, one can be jailed for violating a regulation that one had no reason to know even existed!

a. While the officials in these agencies are generally good people, they become focused on their particular portfolio of duties, that, often, they cannot see the consequences on other parts of society. Put this together with human nature, and one can see bullying, and misuse of power, especially when these individuals are immune to penalty, and supported by free and extensive legal representation: they have sovereign immunity in their positions.

b. A remedy would be the ability of citizens to sue the federal government to protect their legitimate interests, for damages. While currently unconstitutional, the Congress can waive sovereign immunity,

c. Such a congressional waiver would not only protect the citizenry, but would go far toward defining the limits of federal authority.

d. While not unconstitutional, regulation may be considered extra-constitutional. There may be some point where it is considered to be an unconstitutional delegation of legislative authority to an agency or bureau. Under Obamacare, or Dodd-Frank Reform we see legislation where regulators have not yet determined what the regulation should be…how can Congress allow a law without knowing what the impact will be?


If this is your point, "unconstitutional delegation of legislative authority to an agency or bureau," I agree with you totally.

If you are suggesting constitutional amendments, no deal.

 

[Samson]

Leave more decision making to the legislative branch??

Yes, they've dodged their responsibility long enough.

I think you're on the right track here.
Regulation, combined with the myriad commissions, agencies and bureaus which have powers that should be rightly restricted to Congress.

NY Senator James L. Buckley spoke at the Heritage Foundation, on his book “Freedom at Risk: Reflections on Politics, Liberty, and the State,” and discussed same:

1. The reason is the creation of more and more bureaus and agencies endowed with ever broader responsibilities and discretion in defining the rules that govern our activities and our lives. And these rules have the full force of law! Congress has increased the number of rules whose infractions are criminalized, waiving the common law requirement that one knows he is breaking the law. Today, one can be jailed for violating a regulation that one had no reason to know even existed!

a. While the officials in these agencies are generally good people, they become focused on their particular portfolio of duties, that, often, they cannot see the consequences on other parts of society. Put this together with human nature, and one can see bullying, and misuse of power, especially when these individuals are immune to penalty, and supported by free and extensive legal representation: they have sovereign immunity in their positions.

b. A remedy would be the ability of citizens to sue the federal government to protect their legitimate interests, for damages. While currently unconstitutional, the Congress can waive sovereign immunity,

c. Such a congressional waiver would not only protect the citizenry, but would go far toward defining the limits of federal authority.

d. While not unconstitutional, regulation may be considered extra-constitutional. There may be some point where it is considered to be an unconstitutional delegation of legislative authority to an agency or bureau. Under Obamacare, or Dodd-Frank Reform we see legislation where regulators have not yet determined what the regulation should be…how can Congress allow a law without knowing what the impact will be?


If this is your point, "unconstitutional delegation of legislative authority to an agency or bureau," I agree with you totally.

If you are suggesting constitutional amendments, no deal.

No I'm not suggesting any legislation at all.

I'm only suggesting that the Executive ONLY do what Article 2 Section 3 describe as his responsibilities:

A. He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient;
B. he may, on extraordinary Occasions, convene both Houses, or either of them, and
C. in Case of Disagreement between them, with Respect to the Time of Adjournment,
D. he may adjourn them to such Time as he shall think proper;
E. he shall receive Ambassadors and other public Ministers;
F. he shall take Care that the Laws be faithfully executed, and
G. shall Commission all the Officers of the United States

The business of "taking care that the Laws be faithfully executed" leaves much to the imagination: How?

IMHO, the answer is as cheaply and efficiently as possible, e.g. and EPA that has 5 guys driving around in Ford escorts ticketing 3 violators a day = taking care.