What's Congress?Watching the presidential campaign progress I am reminded of one the fundamental problems with the American polity. Well, I am reminded of several, but there is one thing which has particularly bothered me lately: the complete ignorance that there is such an institution as Congress that is, according the the United States Constitution, on par with the Executive Branch. Better put, it is the failure of our elites to acknowledge that this branch of government is not a subordinate institution that holds no power. A couple of examples from the Kerry campaign will better illustrate my point.
The new rationale for Kerry's vote in favor of the war is that he did not per se vote for the war, but rather he voted to authorize the use of force. Let's pretend for a moment that Kerry is actually speaking the truth here. Okay, so what Kerry is basically copping to is a complete abdication of his Congressional responsibilities, a failure to uphold his oath, and a seeming lack of knowledge regarding our Constitution.
You see, Mr. Kerry, there is this little clause in the US Constitution that stipulates that the power to declare war resides
solely with Congress. The decision to declare war is always a momentous and grave one, and the Framers gave to Congress - and Congress only - the authority to make this decision. So by granting the President a blank check if you will, you are essentially circumventing our Constitution. 'Tis a pity that you were not more diligent in your criticism of going to war in Iraq before giving to the President such a broad grant of authority.
Mr. Kerry also continues in the fine American tradition of outlining an ambitious domestic agenda, promising, among other things, that he we will add 10 million jobs by the end of his term. I was not aware that the US President was now a hiring agency. Will Mr. Kerry be interviewing all of the applicants himself, or will he let some of his underlings hire these ten million Americans?
Kerry has also promised greater health care coverage, the protection of social security, a free pet for all Americans (complementary spaying and neutered included), three French hens, two turtle doves, and a brand spanking new DVD player in every house. Aside from the ridiculousness of promising quite literally the moon and all the stars, I was wondering if a would-be President Kerry has any intention of informing Congress of the legislation he is promising to pass. You see, once again Mr. Kerry, there is this irksome matter that only Congressmen can actually introduce legislation, and then they have this little procedure called a vote. Now, not having attended the Senate for quite some time you might have forgetten these pesky little details, so we are all willing to cut you some slack.
Speaking of introducing legislation - something that judging by his legislative record he is not much familiar with - I wonder why it is that he has failed to propose any of this agenda while a member of the US Senate. Did nationalization of healthcare suddenly appear to him in a dream sometime during the summer of 2003? I also wonder if Mr. Kerry returns to the Senate after his defeat this November, will he then introduce any of these bills in the Senate? After all, he does have that right. It's in the Constitution, right after the part about privacy rights. Oh wait, that's not in there, but the introducing bills bit is, I promise.
And of course President Bush is not immune to the same criticism. As another SA reader pointed out, it is somewhat absurd to say that John Kerry will raise your taxes, or John Kerry will ban the pledge of allegiance, or any some such accusation. John Kerry will not raise your taxes because the US Congress will not vote to raise taxes. This puts a slight damper on Kerry's whole domestic policy agenda.
In all this we fail to consider that Congress has certain rights and responsibilities. The President cannot simply make war without Congressional authorization, and Congress should not give the President a blank check to make war unless they are certain that they are prepared to go to war. Likewise, the campaign rhetoric is doubly harmful. For one it makes it a campaign to be Santa Cluase rather than President of the United States. Would it be so awful for presidential candidates to admit that they will not establish utopia? Oh, wait, don't answer that.
More importantly, the overblown rhetoric makes the President seem omnipotent. Presidents do not act alone. There is this little known idea behind our Constitution. It is called separation of powers, and it's backed up by another idea known as check and balances. Unforunately the public is being taught that the only power and authority that matters is that of the United States President (and I guess the Supreme Court, but that's for another rant). Well, the Framers did not choose to establish a monarchy, and with good reason. But more and more we are being led down the path to a de facto monarchy, at least in the eyes of the American public. They now expect that the President can deilver happiness on a silver platter. What they are unaware of is that the President cannot deliver this happiness because no legislative program can fix all of our problems, and even if there was a magic bill, Congress would still have to vote for it.
Remember Congress? It's time that the American public was made to.