James Madison, Federalist 51:
“In republican government, the legislative authority necessarily predominates.”
One of the banal buzzwords in common usage about our Constitutional government is “coequal”, as in coequal branches. It’s drummed into the head of the kiddies and is trotted out ad nauseum by the over-exposed telegenic punditry. Part of the problem lies in other banalities like “checks and balances”, with emphasis on “balances”, that reinforces the mischaracterization of our government.
Think about it. In its simplest and correct form, our republic is composed of an executive to carry out the laws, a court system to adjudicate disputes according to the law, and a legislature to legislate, make the law. Look at it. The first two act on the law that is made elsewhere, in Congress. Constitutionally, they can do little unless there is a law made by . . . Congress. Sorry, that ain’t “coequal”. If the infantry is the queen of battle, the Congress is meant to be the queen of governance in a republic.
So, what has happened to Congress, it being the weak sister in the triumvirate? Nothing, except what Woodrow Wilson and FDR did to it. You might say that they ran at full speed with Hamilton’s “energy in the executive” (Federalist 70) toward progressivism’s dream of the big state, leaving the 535 squabbling inhabitants of the Capitol Building in the dust. What started with the Wilson/FDR imperial presidency, who then badgered Congress into effectively dispensing with a sensible reading of the Commerce Clause, made its way into an imperial judiciary who regularly legislates from the bench. Congress quickly became the footstool to a hyper-president and a non-entity to our uber-judges.
There’s more to the story. The “more” concerns the progressivism that’s in the head of all self-proclaimed liberals from the last couple of decades of the 19th century to the present. Deep in their cranium is IMPATIENCE to accomplish great and heroic deeds. They’re frustrated with the divided powers and checks and would like nothing better than to dispense with the whole racket by interpreting it out of existence, which they’ve done with the complicity of the Courts.
In that, they’ve got a lot in common with the communists. Communists are impatient socialists, and not at all receptive to the cautious instincts of their Fabian/Menshevik brethren. No need to wait for electoral success when a gun will do the trick right now.
As an aside, maybe this explains the socialist Bernie Sanders’s attraction to the Democratic Party, to caucus with them and seek their party’s presidential nomination. At an intuitive level, the Democratic Party’s progressivism and international socialism are kindred spirits. They are drawn like moths to the light bulb of the big state to accomplish great and good things. The quicker, the better.
One of the chief results of this turn of affairs is a Congress that can’t even pass a budget, their principal power of the purse. The presidency thrives in the Congressional chaos. The national government ends up running on continuing resolutions to avoid the stink of obvious Congressional impotence. These mega-bills carry forward the huge junkyard of federal spending, with a plus-up for inflation and some additional items heaped on the pile. Junk becomes a forever-thing. Also, buried in the all the junk are the many loopholes exploited by presidents.
The Courts are in their own progressive universe, not having to worry about legislative impediments to the agenda or impeachment, owing to Congress’s barrenness. Yet, reform of the Courts did happen despite Congress’s infirmity. It took some doing in the Senate and abnormal clear-sightedness by the normally bombastic Trump but the majority of black-robed potentates became a majority of Constitutionalists.
The same Trump who was instrumental in helping to herd the Courts back into their proper Constitutional sphere also exhibited many of the same power reflexes of his progressive forbearers. By fiat, for example, he shifted Pentagon money for bases to money for his wall. Not that we don’t need a wall. For heaven’s sake, we need something to manage the human tidal wave who’ve discovered the American minimum wage to be professional income in their homelands without air-conditioning.
One’s view of potentates in the Oval Office spins on whether they’re your potentate or someone else’s. Caught up in the right’s frenzy for Trump, some conservative pundits became Trump pundits. To be clear, the terms “conservative” and “Trump” aren’t synonymous. Catching the “populist” wind in their sails, they turned on a dime on issues such as the Iraq War, free trade, and big-state entitlements for their audience-constituents. They became big-state activists like many Democrat caucus members. It’s just a big state for your side.
Thus, in lock-step defense of Trump, they expounded on how well “Trump ran the country” or how well “Trump ran the economy”. Right there, they fall into the progressive trap. A real conservative, not a Trumpkin, would cringe at such language. The president doesn’t run the country or economy. He’s elected to only run the executive branch. In our country, the people run the country and economy (a free market), not a histrionic huckster from Queens or a doddering fool beholden to the revolutionaries in his party.
We’d be well-served if that message made its way to the people. But, alas, that popular brain is taught to venerate Saint Woodrow and Archangel Franklin. We can’t get past the progressive hokum to appreciate the blessings of debate, dialogue, and compromise in a fractured society like ours, something a Congress is meant to channel. It can be slow and messy, but at least we’ll have our rights, religion, and property instead of losing them to “energy in the executive” or “energy in the judge’s chambers”.
To put it bluntly, progressivism is anti-democratic, anti-republic, and anti-Constitution. Progressives want to take the Elastic Clause and make every place that they control as elastic in power as possible. After all, it’s the ends that matter to them, not the means. Why worry about those bickering mouths at the other end of Pennsylvania Avenue? It saves time and effort to simply saddle up the black robes and chief executive to build the new world. Get ‘er done is the operative principle.
None of this is explained to the kiddies or adults. Don’t expect it from the schools. We reason from unexamined progressive assumptions to . . . whatever dominates Twitter and our other screens. It’s easy to be tossed hither and yon if you’re not grounded in the basics of our Constitutional order.
Progressivism set the table for this distortion of our consensual mode of governance. Heck, for the progs, it doesn’t even have to be consensual. An all-powerful EPA, ATF, IRS, FEC, SEC, FTC, etc., works fine for them.
RogerG