Saturday, March 29, 2025

#88 / Three Branches

    
  

As almost everyone knows (or should know, anyway), the government of the United States of America consists of three branches. As outlined in the Constitution, the first branch (Article I) is the "Legislative" Branch. The second branch (Article II) is the "Executive" Branch. The third branch (Article III) is the "Judicial" Branch. 

Currently, our government is in vast disarray because the person elected to head the Executive Branch, Donald J. Trump, has chosen to disregard what the Constitution demands. You will, I am sure, remember what he says: "I, alone, can fix it." That personal statement by our current president can be described, in more "legalistic" fashion, by calling Trump's claims the "Unitary Executive Theory." In fact, using that title is really only an attempt to provide some claim to legitimacy for what the president is doing. He is repudiating the Constitution. I would certainly encourage anyone reading this blog posting to click the following link to an article in The New Yorker, featuring a discussion between Isaac Chotiner and Samuel R. Bagenstos, a professor of law at the University of Michigan and a former general counsel to the Department of Health and Human Services in the Biden Administration. The article is titled, "Why 'Constitutional Crisis' Fails to Capture Trump’s Attack on the Rule of Law."

On March 22, 2025, the two national newspapers that I read each morning, The Wall Street Journal and The New York Times, had editorial statements, columns, and news stories that highlighted the governmental "disarray" I have mentioned above, and that outlined how our current "Constititutional Crisis" is playing out. For those whose subscription status permits, here are some references: 


The "genius" of American government resides in the "separation of powers" that makes it exceedingly difficult for any single person to command the vast resources of our government, from the budget and its billions to our armed forces and the nation's nuclear weapons reserve. In fact, what has made "America Great" has been the fact that the structure of our government has demanded that people from all over our diverse country, and with every conceivable type of viewpoint and background, have had to work together, to try to come to some agreement on what "America" should do. This "combination of ingredients" approach to decision making has proven to be a "feature," not a "bug."

Trying to vest all key decisions in a single person (even one who is tempermentally stable, and profoundly and empathetically supportive of the incredible diversity of our nation) would be a terrible mistake. All the bigger mistake when it happens that the person claiming that "he alone can fix it" is neither tempermentally stable nor empathetically proficient. 

When such a horrible possibility appears (and it is definitely here), the responsibility for making certain that the worst does not happen ends up being the responsibility of each one of us - and of those elected "representatives" who are, indeed, supposed to "represent" what the people who elect them want. Let's be clear, it is our responsibility to make sure they do that!

Within the official government structure, our system puts the "Legislative" Branch first. We, the people, need to make sure that the Legislative Branch does what it is supposed to, and that it does what the Constitution both contemplates and commands. The New York Times column linked above (and here, again) is absolutely correct:




Foundation of Freedom

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