James Madison, the father of the American Constitution, explained the type of government the founders envisioned in Federalist No. 58: “An elective despotism was not the government we fought for; but one in which the powers of government should be so divided and balanced among the several bodies of magistracy as that no one could transcend their legal limits without being effectually checked and restrained by the others.”
Madison, along with the other founders, saw the separation of powers and the inherent checks as central to our Republic. That is why the current executive’s continuous violation of that separation is particularly disturbing.
The latest example came on Monday, as the Obama administration announced that they would once again delay the employer mandate for certain businesses. This is in addition to countless unilateral delays in the President’s signature legislation and questionable executive actions on issues ranging from energy to immigration. On countless occasions, following an inability to work with the other party in the legislature, President Barack Obama has taken it upon himself to simply disregard and change laws that do not fit his political needs or desires.
This type of authoritarian rule is more fitting for a kingdom than a Republic.
Many liberal pundits reacted with confusion over conservative complaints regarding the delay because many conservatives have supported a delay in the employer mandate. A delay may be a good thing, as even liberal commentators like Ezra Klein have acknowledged that this mandate will put a strain on employers at a time when job creation is already scarce, but the means do not justify the ends. Process is important.
The Affordable Care Act was a law passed by the legislature, and significant changes to it must also go through the legislature. That is what our system of government demands.
The biggest concern is that this type of executive overreach will set up a permanent precedent for both sides, thus destroying the very foundation upon which our Republic was based. From a Republican point of view, it is delicious to think about all that the next Republican President can unilaterally achieve with this type of power, but where is the limit?
This becomes an escalating war with our Constitution as the ultimate casualty. Democrats and Republicans should look past partisan leanings to see that there can be no victory here. Obama has mostly received a reprieve from the checks within our system because the Democrats in Congress have proven willing to cede their power and ignore their duties, while the courts are quick to find excuses as to avoid involvement in these disputes. However, there is one more check: the American voter.
Voters should elect legislators who will promise to fulfill their duty in serving as checks to the executive, and choose future executives that show more deference to our system of government.
Benjamin Franklin’s famous phrase regarding giving Americans a Republic if they can keep it rings as true today as it did back then. Based on the current executive’s choices, the outlook is looking increasingly bleak. However, voters may get a chance to correct our course in the elections to come. For America’s sake, they better take it.
