Our constitutional system is all out of whack. That should not come as a surprise to anyone who understands the basics of our Constitution.
The Founders designed our constitutional system so that power wouldn’t be concentrated in just one entity; rather power was to be diffused and spread out among the three branches of the Federal Government and the states.
We clearly don’t have that system today; the system of federalism has been eroded over time.
James Madison wrote in Federalist 45 that “The powers delegated by the proposed constitution to the federal government are few and defined. Those which are to remain in the state government are numerous and indefinite.”
Clearly, the power of the federal government has far surpassed that of the state governments.
In Federalist 51, Madison wrote: “But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control itself; and in the next place oblige it to control itself.”
Americans have become too concerned with what goes on in Washington D.C. and less concerned with what goes on in their state capitol buildings.
The obsession with the president of the United States—regardless of who is in the Oval Office—is not what the Founding Fathers intended.
People judge the success of the country by the actions of the president. However, the president is not a monarch; he is the elected head of the Executive Branch, which is only one-third of the government.
The president’s main job is to be the commander-in-chief of the armed forces and to enforce the laws passed by Congress.
This complaint is not meant to single out President Trump but is meant to highlight how the role of the presidency has changed over time, regardless of who is president.
Congress has ceded many of its powers to the Executive Branch over time. An obvious example of this is the power to declare war.
Congress is supposed to declare war; the president is expected to lead the military. It is unconstitutional for the president to send soldiers into foreign wars without a formal declaration of war by Congress.
But Congress hasn’t declared a war since World War II. Nevertheless, the U.S. has been engaged in several wars since then.
The president is not vested with powers to impose tariffs on foreign goods, yet he does.
Article 1, Section 8, of the United States Constitution explicitly states that only Congress has this authority:
“The Congress shall have the power to lay and collect taxes, DUTIES, imposts, and excises.”
Duties are another name for tariffs.
If you read the Constitution, you will see that the Founders gave far more constitutional obligations to the Congress in Article One than they did the presidency in Article Two.
They gave even fewer responsibilities to the Judiciary in Article 3, and yet the judiciary has become de-facto lawmakers themselves.
The career bureaucrats were given the right to make de-facto laws themselves by the Supreme Court in the wake of their decision in the Chevron case, which stated that the executive agencies had some discretion to make regulations themselves.
Those regulations are essentially laws that should be passed by Congress.
The Founders intended Congress to be the strongest branch of government, however, the Executive and Judiciary Branches have flipped the script and are now more powerful.
Regardless of who the president is, the American people should be more concerned about what happens at the state and local level, not the national level.
Just go on Youtube and watch videos of people on the Left freaking out over Donald Trump and you will get the point.
To those liberals who are losing their mind over Trump, I say this:
Donald Trump is a man, not a demon, and he will be leaving office in either two or six years; he won’t be there for eternity. Just take a deep breath and relax!
Our constitutional system was set up this way for a reason.
Life didn’t start and end the day Trump was sworn into office, and it will continue long after he leaves.