Friday, October 5, 2018

Congress needs to assert itself as a co-equal branch

Leaders of Congress have said several times in the past 2 years that they are wasting their time on legislation that the president does not support.  That runs counter to the principle of separation of powers.  It is too deferential to the executive branch.  And it is just plain a lack of political courage.

The Congress, representatives of the citizens, should express their own view by passing legislation whether or not the president - of any party - tries to preempt the will of the people.  Pass the damn legislation or don't pass it.  If it passes send it to the president for signature and make him veto it if he (or she) so chooses.

While I'm at it, let's not look away from the accretion of presidential power at the expense of the Congress.  For example, the invocation of the national security exception (against Canada!) by the president in applying new tariffs should be rejected by the Congress as a violation of the law, and of separation of powers.  Maybe we have learned that we cannot count on good faith of a president; therefore, terms like "national security" must be defined in legislation or submitted to a court.

Also, how in the world did we allow the president to have unilateral authority to withdraw from the Iran nuclear deal?  That is a treaty and the law of the land.  If the language must be amended, then amend it.  It's an example of great executive overreach that looks like authoritarian action.

And what about those missiles fired into Syria most recently.  Congress should have been consulted and either authorized or rejected.  Trump didn't even bother to come to Congress after the launches under the War Powers Act to request approval.

I'm worried.

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