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This is a rhetorical canard too frequently uttered, and it is not "the plan" of the Constitution. The framers didn't say it, and didn't expect it.
If one studies the Constitution, and understands it, the incorrectness of the assertion is obvious. Yes, each branch (Legislative, Executive and Judicial) possess independent responsibilities and authorities, and they do have "checks" against each other, but the phrase used by the framers was "coordinate". They are supposed to work together.
Article I lays this out explicitly:
Section. 1.
"All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives."
Section 8, of course, expands on those powers. But, what is most important is understanding that Congress passes the law. Congress directs how the government operates. Congress collects and spends the revenue.
Both the other branches are reactive. They execute the laws (that Congress passes) and the judiciary interprets the laws (that Congress passes).
This is why Articles Ii and III are so short. The meat is elsewhere. It is also why some issues are simpler than they are made out to be and why numerous judicial "doctrines" are so out of step with the Constitution. For example, there is no such thing as "presidential immunity" in the Constitution. It's simply not there. Another constitutional stupidity foisted upon us by the Supreme Court is the "non-delegation doctrine". Both are excuses that are used by the Court to use their authority to interfere with the operations of other branches, but neither have existence in the Constitution itself. They made it up.
It's not that Congress doesn't mess up. Sometimes they do things they can't do. After all, Article IV provides,
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." The liberties of its denizens take precedence over even Congress' authority.
This is why Due Process is such an important issue right now, and why the Supreme Court's attitude about pushing Christian theology onto the nation is so jarring. It's extra-constitutional. As are its expansions of corporate personhood and invalidation of voting and civil rights.
Let's start the discussion!
If one studies the Constitution, and understands it, the incorrectness of the assertion is obvious. Yes, each branch (Legislative, Executive and Judicial) possess independent responsibilities and authorities, and they do have "checks" against each other, but the phrase used by the framers was "coordinate". They are supposed to work together.
Article I lays this out explicitly:
Section. 1.
"All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives."
Section 8, of course, expands on those powers. But, what is most important is understanding that Congress passes the law. Congress directs how the government operates. Congress collects and spends the revenue.
Both the other branches are reactive. They execute the laws (that Congress passes) and the judiciary interprets the laws (that Congress passes).
This is why Articles Ii and III are so short. The meat is elsewhere. It is also why some issues are simpler than they are made out to be and why numerous judicial "doctrines" are so out of step with the Constitution. For example, there is no such thing as "presidential immunity" in the Constitution. It's simply not there. Another constitutional stupidity foisted upon us by the Supreme Court is the "non-delegation doctrine". Both are excuses that are used by the Court to use their authority to interfere with the operations of other branches, but neither have existence in the Constitution itself. They made it up.
It's not that Congress doesn't mess up. Sometimes they do things they can't do. After all, Article IV provides,
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." The liberties of its denizens take precedence over even Congress' authority.
This is why Due Process is such an important issue right now, and why the Supreme Court's attitude about pushing Christian theology onto the nation is so jarring. It's extra-constitutional. As are its expansions of corporate personhood and invalidation of voting and civil rights.
Let's start the discussion!
