Separation of Powers

Obama Reality Check - Presidential Powers Edition

This morning, news comes from the AP that Obama plans to “undo” many of President Bush’s actions by using one of Bush’s favorite techniques, the all-powerful executive order.

November 10, 2008 | Read More


Reason #25: Presidential Signing Statements - The Arrogance of Unchecked Power

One of the most devious, and patently illegal, ways that Bush grabbed power from the other branches of government was by using so-called “signing statements” to ignore laws he didn’t agree with. Prior to his administration, presidents rarely penned these addendums when they believed parts of a given law impinged on their constitutional authority. But Bush issued some 800 of them, more than double the number written by every president in our history combined.

In 2005, for example, John McCain passed a bill forbidding torture. Bush signed it into law, but added a statement that effectively - and unilaterally - exempted…

August 25, 2008 | Read More


Reason #24: The War on Congress’ Power to Declare War

Just because George W. Bush liked to brag about being “the CEO president” and the “ultimate decision maker” doesn’t mean he was solely responsible for the executive branch’s modern dominance. For decades, the White House has been grabbing power from the other two branches like a schoolyard bully stealing their lunch money.

One of the most important responsibilities Congress has given up in recent years is the use of our military. The president, as Bush liked to remind us, is “Commander in Chief” of our armed forces. But Article One, Section Eight of the Constitution says in no uncertain terms that…

August 25, 2008 | Read More


Reason #23: Presidential Overreach

The real “Decider” in Washington is supposed to be the legislative branch.

George W. Bush referred to himself as “The Decider.” One day he even boasted that he was “the ultimate decision maker for the country.” But that kind of presidential bluster would have appalled the authors of the Constitution. The founding fathers were staunchly opposed to giving a solitary executive “ultimate” power. The last thing they wanted was to turn America into a new kind of monarchy. They’d just spent years shedding blood in the Revolutionary War to break free of that kind of system!

If you really read the Constitution,…

August 25, 2008 | Read More


Reason #22: Thwarting the Constitution

“The people make the Constitution and the people can unmake it.” - John Marshall

The U.S. Constitution is more than just words written on parchment. It’s actually one of the most important achievements in human history, because it lays out the blueprint for a radical new way of governing.

Ben Franklin and the rest of the framers had lived through the tyranny of King George and they were determined to prevent any one person or branch of government from grabbing all the authority. They knew that even elected officials will abuse their power and overstep their bounds if they are not restrained, so…

August 25, 2008 | Read More


Reason #21: The Fallacy of the CEO President

Another way George W. Bush tried to burnish his “outsider” credentials when he was running for the White House was by bragging that would be the first president with an MBA. He said was going to run the White House like a CEO runs a company. And when he got elected, he followed through on his promise by tapping a bunch of CEOs and high-ranking corporate executives to join his administration.

This enthusiasm for private sector-style management is all well and good. I come from a business background myself, so even I was a little taken by the notion of streamlining…

August 25, 2008 | Read More


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