Misuse of Authority |
James L. Hirsen, J.D., Ph.D. |
November 15, 1999 |
NEWSMAX.COM-There
is one simple yet important concept that our founding fathers incorporated into our early
documents that stands out in its profundity. It is that as a society, we must hold a
healthy suspicion about any one person retaining too much authority.
This
concern was deeply rooted within the minds and hearts of our forerunners, because our
country had just declared independence from an oppressive ruler.
The
authors of our government were determined to prevent an executive officer of the new
country from taking on the same dictatorial attributes as the despot from which we had
declared independence.
The
original blueprint of governance had a built-in system of checks and balances. Just as our
forefathers believed that authority should not be concentrated in one individual, so this
tenet would also be applied to the collective divisions of government. Each arm of
government was fashioned to counter excessive concentration of power in another branch.
This
notion of separation of powers is pivotal to the integrity of the American system.
The
framers were explicit and clear as to which branch of government would exclusively handle
the lawmaking function. The very first sentence that follows the preamble to the
Constitution reads as follows: "All legislative powers herein granted shall be vested
in a Congress of the United States, which shall consist of a Senate and a House of
Representatives.
Not
only does Congress have the exclusive power of lawmaking, but the Constitution
specifically enumerates those areas where this legislative grant may be utilized. So what
power is the president given and how does the power relate to the manifestations called
executive orders?
The
Constitution gives an exclusive grant of power to the president called the "executive
power. This executive power is underscored in the Constitution in two passages. The
first is contained in the presidents oath of office where he or she is to
"faithfully execute the office of the President of the United States. The
second is found in the passage that instructs the president to "take care that the
laws be faithfully executed.
Both
of these passages use the term faithful. It is presupposed that the president, according
to his or her oath and consistent with this grant of power, will be faithful to the
Constitution and to the people that he or she governs. In addition, the exclusive grant of
power also assumes that the president is faithfully carrying out laws that are already in
existence.
This
is the essence of the power granted to the president. Lawmaking was never expected to be a
function of the executive domain. But in examining President Clintons approach to
governing, we find that he has been fairly liberal in his use of executive orders as an
instrument to heist legislative power.
One
of his first official acts was to issue a presidential memorandum that reversed the
long-standing "Gag Rule. This was a set of regulations that prohibited family
planning clinics receiving federal taxpayer dollars from providing patients with
information, counseling, or referrals concerning abortion.
The
casual dismissal of an issue that carried with it such fervid intensity was an early
indication of the manner in which the administration intended to expand its influence and
accomplish its goals.
This
initial foray into the realm of executive legislation laid the groundwork for future
misuse of the presidents designated scope of authority.
A
sea change occurred, though, in 1994 when the Democrats discovered that they were no
longer the majority party in the House of Representatives. At the same time, President
Clinton found himself unable to initiate policy. Beset by a series of scandals and faced
with an adversarial Congress, Clinton had to devise another way to promote his policies.
And to the nations detriment, he succeeded.
A
willingness to use executive authority as a substitute for legislation, and the material
nature of the orders themselves, are what led to the constitutionally debilitated
condition in which our country now dwells.
In
the articles to follow, we will see how this abuse is manifest in the matrix of emergency
powers, the inner workings of the secret government, and the ever-tightening grip of
international obligations.
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