Separation of Powers Blurred

All legislative Powers herein granted shall be vested in a Congress of the United States

Article 1, Section 1, US Constitution

Notice the All.  It doesn't say most or the majority.  It says All.  Many Senators and Representatives are less than keen on imposing unpopular provisions on We the People because We the People might vote against them.  Eventually, the elected set discovered a work around that would allow them to exercise ever greater power over We the People while not having to answer for imposing the laws that granted that additional power.  They adopted the parliamentary system of primary and secondary legislation.  The legislature would create a regulatory agency and imbue it with legislative powers.  Thus, the Environmental Protection Agency - which is part of the Executive Branch of government - can make laws (euphemistically called regulations).  With each new regulatory agency, the government dramatically expands its scope.  The 535 legislators could never produce the number of laws that scores of agencies churn out on a regular basis.  Moreover, once created, the agency can implement laws even when the Congress is gridlocked.  We the People may have voted for divided government to slow down law-making but that has little impact on these independent law-making executive agencies.  On this basis, it is clear that all regulatory agencies are unconstitutional.  Congress needs to pass laws and be subject to voter displeasure rather than hide behind bureaucrats who cannot be voted out of office.

 

The executive Power shall be vested in a President of the United States of America.

Article II, Section 1, Clause 1, US Constitution

 

The President executes the laws and administers the executive agencies.  He is the person responsible if those agencies aren't getting the job done.  However, thanks to various laws, he doesn't have the authority to do so.  For instance, the Veterans' Administration has been shown to be a disaster for veterans, unable to provide healthcare in a timely manner.  The President cannot clean house because Civil Service Reform has taken 98% of federal jobs out of his ability to fire.  If the CEO cannot fire an employee, that employee can safely ignore the CEO.  On that basis, Civil Service Reform is unconstitutional.  The President runs the executive branch, which includes hiring and firing.  The lethargic bureaucracy will become quick and nimble overnight if the president could dismiss foot draggers.

 

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.

Article III, Section 1, US Constitution

 

Though the judicial power resides in the Supreme Court, the Congress has considerable authority on its size.  If Congress so desired, it could eliminate all the Federal Courts in the US and abolish all but one justice on the Supreme Court.  The courts have judicial power and yet have, from time to time, offered rulings that are indistinguishable from legislation.  Worse, some of these rulings are essentially beyond the power of the actual legislature to amend or repeal.  The court should limit itself to interpreting the laws.  If it must legislate, it should limit that to negative legislation, merely striking down laws that do not conform to the Constitution rather than positive legislation that implements their policy preferences.  Clearly, when the court has a ruling that is in opposition to the continually voiced desires of We the People, one must ask where US Sovereignty really resides: with the people or with 5 members of the Supreme Court?

 

The blurring of the lines between the three branches is a big part of why the government has become so bloated and unresponsive to We the People.  If the branches remained within the bounds of the Constitution, the government would be dramatically smaller, less expensive, and vastly more efficient.  There is far too much government for us to claim to have limited government.