Wednesday, February 07, 2024

The Authority Creep

Actually it’s perfectly clear from the Constitution alone that the power of the government lies with the Congress, not the office of President. Article I gives a great deal more power (and detailed attention) to the Congress than Article II does to the Presidency.

One of the more interesting lessons of “Mr. Smith Goes To Washington” is the attitude of the Senators towards the President. They know where the power lies, and it ain’t at the other end of Pennsylvania Avenue. As far as they’re concerned, the real power of government lies with them. It’s their indifference and arrogance that annoys Jimmy Stewart, not their understanding of the separation of powers.

The authority creep of the Imperial Presidency is on us. FDR didn’t have a War Powers Act. His famous date that will live in infamy was a speech to Congress asking them to declare war. Even after Pearl Harbor, he couldn’t retaliate alone. 

This state of affairs is because we wanted it this way. But yes, Trump is a dumbass. That’s on him.

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