September 10, 2017

Will Congress Be Stirred From Its Slumber?

Today, worse is better. The president’s manifest and manifold inadequacies might awaken a slumbering Congress to the existence of its Article I powers and responsibilities.

“Congress has been dropping in relative power along a descending curve of 60 years’ duration, with the rate of fall markedly increased since 1933. … The fall of the American Congress seems to be correlated with a more general historical transformation toward political and social forms within which the representative assembly — the major political organism of post-Renaissance Western civilization — does not have a primary political function.” —James Burnham, “Congress and the American Tradition” (1959)

Today, worse is better. The president’s manifest and manifold inadequacies might awaken a slumbering Congress to the existence of its Article I powers and responsibilities.

As a candidate, Donald Trump vowed devotion to all 12 of the Constitution’s seven articles. As president, Barack Obama, discerning a defect in the work of the 1787 Constitutional Convention, supplied Article VIII, which has expired. It stipulated: “Between Jan. 20, 2009, and Jan. 20, 2017, the president shall have the power to do whatever Congress declines to do.” So, when Congress did not confer legal status on “Dreamers” (immigrants brought to America illegally as children), he did it. He conferred such status and attendant benefits on a large category of people and called this patently legislative act a routine exercise of law enforcement discretion.

As a candidate, Trump’s policy regarding Dreamers made up in concision what it lacked in reflection: “They have to go.” As a president whose incoherence has a kind of majesty, he says he has “a love for these people” who are “incredible” when they are not engaged in rampant criminality. When he is not pardoning Arizona’s scofflaw sheriff Joe Arpaio for his anti-immigrant criminality, Trump casts immigration as a law-and-order issue.

So does Attorney General Jeff Sessions, who preaches fire-and-brimstone law and order when he is not encouraging legalized theft under “civil forfeiture,” whereby government enriches itself by seizing the property of persons not convicted of crimes. Sessions, whose canine loyalty to Trump is not scrupulously reciprocated, seemed to relish the privilege of announcing Trump’s policy that, absent action from a Congress that is especially loath to act on immigration, could punish 800,000 children for what their parents did long ago.

Trump’s policy now is to state that Obama’s policy will expire in six months unless Congress chooses to “legalize” — Trump’s word — it. If Congress does not, Trump will do … something: “I will revisit this issue!” Perhaps his exclamatory punctuation foreshadows something as forceful, meaning as unilateral, as what Obama did.

What Obama did was popular and unconstitutional. The latter attribute probably does not interest Obama’s successor, but the former attribute evidently does. Hence Trump has sent this hot-potato issue where it belongs, to Congress, which now faces the unaccustomed agony of actually setting national policy.

The day that Trump and Sessions disturbed Congress’ serenity, Nikki Haley did likewise. The U.S ambassador to the UN and a former executive (as South Carolina’s governor) intimated that the 2015 nuclear agreement with Iran might yet wind up where, constitutionally, it should have started — in the national legislature. An international pact of this complexity and gravity should have been a treaty, submitted to the Senate for committee hearings, floor debate, and ratification by a two-thirds supermajority. Instead, as a redundant expression of Obama’s disdain for Congress and the separation of powers, it was submitted to the UN, and then to Congress, where both houses voted disapproval but by margins too small to block an Obama veto.

Haley suggested that Trump might declare that Iran is not in compliance with the agreement, thereby initiating a 60-day congressional review, potentially culminating in the administration leaving Congress to decide for or against U.S. withdrawal from the agreement. Just as many Republicans, after years of denouncing Obamacare, flinched from repealing it, many critics of the Iran agreement might flinch. Haley said, “I get that Congress doesn’t want this.” Which is a reason — exercising atrophied institutional sinews — for hoping it happens.

In 1959, before the exhilarating experience of Ronald Reagan’s presidency, congressional supremacy was still a tenet of conservatism. Then James Burnham, a founding editor of the then 4-year-old National Review, wondered whether Congress could “survive as an autonomous, active political entity with some measure of real power, not merely as a rubber stamp, a name and a ritual, or an echo of powers lodged elsewhere.” The slope of the long descending curve might be changing.

© 2017, Washington Post Writers Group

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.