Taking Executive Orders Too Far

These are frustrating times for the President. Having been swept into office with a seemingly strong mandate, he enjoyed a Congress controlled by members of his own party for the first two years of his term. However, midterm elections brought gridlock and a close division of power between the two parties. With a crucial re-election campaign coming up, there is desperation in the president's desire to "do something" in spite of his severely weakened mandate.

Getting something done is proving to be a monumental task. This may be news to the supposed constitutional scholar who is now our president, but if the political process seems inconvenient to the implementation of his agenda, that is not a flaw in the system. It was designed that way. The drafters of the Constitution intended the default action of government to be inaction. Hopefully, this means actions taken by the government are necessary and proper. If federal laws or executive actions can't be agreed upon constitutionally- which is to say legally- such laws or actions should be rejected.

The vision of the founders was to set up a government that would remain small and unobtrusive via a system of checks and balances. That it has taken our government so long to get this big speaks well of the original design. The founders also knew the overwhelming nature of governments was to amass power and grow. The Constitution was to serve as the brakes on the freight train of government.

But the Obama administration, like so many administrations in the 20th century, chooses to ignore the Constitution entirely. The increasingly broad use and scope of the Executive Orders is a prime example. Executive Orders are meant to be a way for the president to direct executive agencies on the implementation of congressionally approved legislation. It has become increasingly common for them to be misused in ways that are contradictory to congressional intent, or to bypass Congress altogether in enacting political agendas.
The current administration has unabashedly stated that Congress's unwillingness to pass the president's jobs bill means that the president will act unilaterally to enact provisions of it piecemeal through Executive Order. Obama explicitly threatens to bypass Congress, thus aggregating the power to make and enforce laws in the executive. This clearly erodes the principles of separation of powers and checks and balances. It brings the modern presidency dangerously close to an elective dictatorship.

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