When the Constitution of the United States was ratified on June 21, 1788, the Framers concluded that none of the three branches of government should be capable of attaining too much power, or having overarching enumerated powers. Those who signed the Constitution also agreed that each of the three branches of government should (generally) be separate from each other. The Framers outlined these principles in the concept of separation of powers. According to the National Conference of State Legislatures website, “While separation of powers is key to the workings of American government, no democratic system exists with an absolute separation of powers or an absolute lack of separation of powers.” (NCSL) In other terms, the three branches of government shouldn’t allow their powers to overlap, and they should be able to audit the actions of each other to ensure integrity in government. Furthermore, one of the most important powers expressed in the Constitution is the power of the legislative branch to hold the executive branch accountable for the actions it takes. According to The United States Congress textbook, a primary fear in relation to separation of powers was, “-the Framers’ fears about the power of an unchecked central authority.” (Adler et al, 8) This ideology of separation of powers, as well as fear of an all-powerful tyrannical leader, directly relates to the implied power of Congressional oversight.
Congressional oversight can be defined as the power of Congress to supervise the actions of the Executive Branch of the United States government. Although Congressional oversight is not expressed directly in the Constitution, the inner workings of the Constitution allow for its implied power. When referencing the Constitution, Jeffrey Toobin highlights in his New Yorker article titled, Our Broken Constitution, that, “-all of it (was) designed to diffuse power, check factions, balance interests, and prevent tyranny by either the few or the many.” (Toobin, 1) The Constitution clearly meant to allow for the three branches of government to conduct checks and balances on each other, to ensure the integrity and functioning of the government throughout the evolution of American society. In recent times, the presence of Congressional oversight has spread a shadow over the Executive Branch of government, as a result of the alarming actions taken by the Trump administration. The actions of President Trump and his administration have ushered the concept of Congressional oversight into the limelight, along with the Constitutional framework for the separation of powers.
The question of impeachment is the primary element by which Congressional oversight is considered today, and especially in the eye of the public. Since the beginning of President Trump’s term, representatives and senators alike have called for the impeachment of the President of the United States. As shown in figure A below, the calls for impeachment since roughly the beginning of Trump’s term have steadily increased. Recently, the findings of the Mueller Report and questions in relation to Trump’s fitness for office have all been considered in the calculus of deciding whether or not to impeach the President. Without the implied power of Congressional oversight in relation to the legislative branch, it would be far more difficult to hold the President accountable.
Unfortunately, this Congressional power is heavily political today, as it has been in the past. This political tension, and the infighting that results from it, have marred the intention of our founding documents. American politicians see the issue of impeachment as a political calculus to win rather than a Constitutional duty to carry out. Perhaps the Framers of the Constitution envisioned the three coequal branches of government to be less corrupt, power-hungry, and malicious than they are today, when they formulated the rules around separation of powers. The Framers of the Constitution designed separation of powers to hold each branch accountable for potential wrongdoings, crimes, or misuses of power, plain and simple. Hopefully in the future members of the legislative branch can take a step back from their political infighting, and do the job they are meant to do. Protecting the basis of our founding documents should be far more important than retaining a seat of power for another term.
Congressional oversight can be defined as the power of Congress to supervise the actions of the Executive Branch of the United States government. Although Congressional oversight is not expressed directly in the Constitution, the inner workings of the Constitution allow for its implied power. When referencing the Constitution, Jeffrey Toobin highlights in his New Yorker article titled, Our Broken Constitution, that, “-all of it (was) designed to diffuse power, check factions, balance interests, and prevent tyranny by either the few or the many.” (Toobin, 1) The Constitution clearly meant to allow for the three branches of government to conduct checks and balances on each other, to ensure the integrity and functioning of the government throughout the evolution of American society. In recent times, the presence of Congressional oversight has spread a shadow over the Executive Branch of government, as a result of the alarming actions taken by the Trump administration. The actions of President Trump and his administration have ushered the concept of Congressional oversight into the limelight, along with the Constitutional framework for the separation of powers.
The question of impeachment is the primary element by which Congressional oversight is considered today, and especially in the eye of the public. Since the beginning of President Trump’s term, representatives and senators alike have called for the impeachment of the President of the United States. As shown in figure A below, the calls for impeachment since roughly the beginning of Trump’s term have steadily increased. Recently, the findings of the Mueller Report and questions in relation to Trump’s fitness for office have all been considered in the calculus of deciding whether or not to impeach the President. Without the implied power of Congressional oversight in relation to the legislative branch, it would be far more difficult to hold the President accountable.
Unfortunately, this Congressional power is heavily political today, as it has been in the past. This political tension, and the infighting that results from it, have marred the intention of our founding documents. American politicians see the issue of impeachment as a political calculus to win rather than a Constitutional duty to carry out. Perhaps the Framers of the Constitution envisioned the three coequal branches of government to be less corrupt, power-hungry, and malicious than they are today, when they formulated the rules around separation of powers. The Framers of the Constitution designed separation of powers to hold each branch accountable for potential wrongdoings, crimes, or misuses of power, plain and simple. Hopefully in the future members of the legislative branch can take a step back from their political infighting, and do the job they are meant to do. Protecting the basis of our founding documents should be far more important than retaining a seat of power for another term.
Citations:
National Conference of State Legislatures, Separation of Powers -- An Overview. http://www.ncsl.org/research/about-state-legislatures/separation-of-powers-an-overview.aspx
Adler et al, 2019. The United States Congress. W.W. Norton & Company. New York. London
Jeffrey Toobin. December 1, 2013. Our Broken Constitution. The New Yorker. https://www.newyorker.com/magazine/2013/12/09/our-broken-constitution
Daily Chart, January 18th, 2019. New Allegations against Donald Trump raise the odds of impeachment. The Economist https://www.economist.com/graphic-detail/2019/01/18/new-allegations-against-donald-trump-raise-the-odds-of-impeachment
This was a great post! I think that separation of powers is a really great idea for any government. It prevents too much power from being concentrated in one branch, like you mentioned. I also like how you mentioned that this separation has been used as a tool to win, rather than a tool to govern. I highly agree with that. Especially in divided chambers, separation of powers is often times used to stop the opposite party's legislation just because it is the opposite party proposing it. If we could get past the partisan divide and use the separation of powers to keep the branches in check based on constitutionality of legislation rather than partisanship, our country and government would be much better off.
ReplyDeleteGood job! I think the rules regarding the separation of powers are very interesting, especially because some seemed to be enforced more than others. There also seems to be certain loopholes regarding them too. As for the case for the impeachment, it would be interesting to see if it actually passes with a split Congress. Although it may get through the Democratic House, it would be difficult to get two thirds of the Republican Senate to agree. The fact that both the House and the Senate have to agree on an impeachment makes sense to why it does happen more often, especially because there is a good chance they will be split.
ReplyDeleteYou did a great job with your blog post. Additionally, I enjoyed the image you used to strengthen your post. It is also very interesting how you brought up impeachment in your post, especially considering the recent events that are taking place. In my opinion I think that the legislative branch is highly underrated. Also, I have always viewed the checks and balances as being a seesaw. For example, when congress is strong, they try to weaken the other branches, and when the executive branch is strong, t hey try to weaken the other branches. This constant back and forth is what makes American politics interesting.
ReplyDelete