In today’s world, we expect information to be available at a moment’s notice. Don’t know something? Google it. Want to express an opinion? Grab your phone and tweet about it. Have an unforgettable moment with your friends? Instagram it. While technology has provided the ability to share information and moments nearly instantaneously, the federal government wasn’t designed to act with lightening speed, nor should it.
Our system of government is founded upon the Constitution, a brilliant document that lays out three branches of federal government and defines what each branch is responsible for. The Founders demonstrated how forward-thinking they were when crafting the Constitution by creating a unique set of checks and balances that define how each branch interacts with one another, and prevents any branch from becoming too powerful. Over time, however, this forethought has been eroded by an ever-expanding and overreaching executive branch.
During the first two years of his presidency, President Obama had little reason to worry about legislative branch opposition to his policy positions. Democrats controlled both the House and the Senate, and he resided in the White House. During this time, the President and his allies in Congress were able to pass enormous “one-size fits all” legislation. Both Obamacare and Dodd-Frank became law with little bipartisan consideration. Then, in 2010, Republicans took control of the House and President Obama’s absolute control over two branches of the federal government came to an end.
Without control of the House, the President knew his approach had to change, so he embarked on what can only be described as an epic public relations campaign against congressional Republicans. He created straw-men along the way to serve his various political purposes. Heated debate continued as newspapers, cable news, and social media provided even more outlets for charged political rhetoric from both sides that only furthered the divide between the Chief of the Executive Branch and his opposition in the legislative branch.
The divide deepened when President Obama took the unprecedented step of making several “recess appointments” despite the Senate being in pro forma session. The President now routinely displays disregard for the restrictions the Constitution places on his office, often repeating various iterations of the phrase: If Congress won’t act, I will. His Administration has now made it a habit of consistently exceeding its constitutional authority. Recently, the President released five captured terrorists from Guantanamo Bay without notifying Congress, despite recently signing into law legislation that required such notification. At the direction of the White House, the EPA continues to “legislate by fiat” on carbon emission standards in an attempt to circumvent Congress. The Obama administration has also made numerous unilateral changes to Obamacare, without congressional approval. Despite all this, hope remains in checking executive overreach and restoring the balance of power.
Last week, the Supreme Court issued a unanimous 9-0 decision against President Obama, deeming his “recess appointments” illegal. The court held the Senate controls when it is and is not in session, not the President. This decision marked the 13th time a unanimous Supreme Court has ruled against President Obama in just 3 years. Four days later, a divided Supreme Court ruled against the Obama Administration and in support of the religious freedom of closely held corporations.
Despite its slow pace, the judicial branch has been critical in reining in executive overreach and restoring the proper balances built into our system of government. It’s clear the President isn’t interested in working with Congress and will continue to try to expand executive authority. The Republican-led House has also moved to protect Congress’s constitutional standing by passing the ENFORCE the Law Act, which aims to put a procedure in place to permit the House of Representatives, or the Senate, to authorize a lawsuit against the executive branch for failure to faithfully execute the laws.
In an era when the Chief Executive has much more flexibility to act and react, it is imperative that Congress has the ability to seek redress. The system of checks and balances must not only be preserved, but maintained. President Obama must be held accountable for unconstitutional overreach. While the courts no doubt have a role in ensuring the balance of power is maintained, in order to protect its constitutional standing, Congress must move to protect its role.
