Hypothetical Middle School Civics Multiple Choice Question:
Choose the correct answer:
- Legislative Branch > Executive Branch
- Legislative Branch < Executive Branch
- Legislative Branch = Executive Branch
The answer isn’t so simple. Yes, the U.S. Constitution established three branches of government – Legislative, Executive, Judicial – and deemed the branches equal. The idea was to create a system of checks and balances so that no one branch would have too much power. By that measure, “c” is the correct answer.
But, what happens when one branch doesn’t do its job? It decides to cede its power to another branch. The correct answer would depend on what is being asked: Are we looking for what the Constitution says, or are we looking for how the branches actually interact?
To get the correct answer, we need a better prompt:
Which choice mirrors what is written in the Constitution? Answer “c.”
or
Which choice mirrors how our government is functioning today? Answer “b.”
At this time, we are down to two branches of government and one of remaining two is under attack.
These days, I am frequently seeing in the news headlines such as “Are We in a Constitutional Crisis?”
The thing is, there isn’t a problem with the Constitution itself. The problem is with the elected members of the Legislative Branch who swore to uphold the Constitution then decided they’d rather let the Executive Branch do whatever it wants, even if what the Executive Branch is doing is un-Constitutional and/or illegal.
The Legislative Branch was designed to and has the power to ensure the Executive Branch does not overstep its authority, remains faithful to the Constitution. It just isn’t exercising its power.
It is important to understand our “crisis” isn’t due to the Constitution. It’s due to the Legislative Branch’s failure to do its job.
Their abdication of their duties is directly responsible for the attack on our Judicial Branch. At least the Judicial Branch is fighting back. But, without the Legislative Branch having its back, the Judicial Branch lacks the teeth to stop the attacks.
If it doesn’t alarm you that we are facing the destruction of our systems of checks and balances, thereby anointing a king, you can’t call yourself an American.
Well, I guess you could, at least in the same way I call myself a Catholic (see my “The Christians Are the Most Warlike People” post). Yes, I was born and raised Catholic and still call myself Catholic. But I know I am not what a Catholic should be. I understand that my allegiance to Catholicism isn’t really allegiance to Catholicism. It’s both more of an homage to my upbringing and allegiance to the base of Catholicism, i.e., Christianity. If you were to ask any priest, he would disagree with the assertion I am Catholic, or maybe simply say I am a Catholic not in good standing with the church.
Checks and balances is central to our system of government. If you are ok with the Legislative Branch ceding its authority to the Executive Branch, then you aren’t American. You can call yourself American, but you aren’t. Or maybe you can call yourself an American not in good standing with the Constitution.
If our government as we know it crumbles, it won’t be because our founders didn’t create a sound structure for our government. It will be due to one branch’s willful shirking of its duties and responsibilities.
Years ago, I worked for a local community organization that was founded to combat crime in the neighborhood. I interviewed one of the founding members about the group’s beginnings.
One of the things she mentioned was the number of city departments that neglected to do their jobs – police not answering calls, public works not servicing the area, etc. I clearly remember her saying that, at times, they needed to shame city agencies into doing their job.
According to the US House of Representatives website: “The legislative branch is made up of the House and Senate, known collectively as the Congress. Among other powers, the legislative branch makes all laws, declares war, regulates interstate and foreign commerce and controls taxing and spending policies.” (https://www.house.gov/the-house-explained/branches-of-government)
The US Capitol Visitor Center adds “oversight of the executive branch” as a Congressional responsibility. (https://www.visitthecapitol.gov/explore/about-congress)
Here is one example of Congress ceding their authority: “When President Donald Trump singed his executive order to dismantle the Department of Education, it should have caused consternation from the United States Congress. Presidents cannot unilaterally abolish cabinet departments; they require an act of Congress. But rather, Trump received praise from almost all Republican lawmakers despite the fact that he subverted their power and took away their authority.” (https://www.yahoo.com/news/trump-overstepping-law-gets-crickets-210229395.html)
If there was ever a government institution that needs to be shamed into doing its job, it’s the Legislature. If Congress agreed that the Department of Education should be abolished, they should have been the ones to do it.
Instead, they took the coward’s road. First, they deferred to the Executive Branch, my guess out of fear of the wrath of the President. But, that is just a guess. Second, they wouldn’t have take ownership of the abolishment. Representatives are already facing angry constituents, so much so that they are no shows at their Town Hall meetings. Why add fuel to the fire by eliminating departments their constituents may want in place? Representative can just pass the buck to the Executive Branch. Again, this is just a guess, but I think a good one.
In times like this, one can feel so helpless to be heard. But, here is something we all can do: Shame Congress into doing their jobs. Send emails. If you can’ do that (some congresspersons will only accept emails from their constituents), send a snail mail letter or post card.
Here is a sample/suggested text:
“Hypothetical Middle School Civics Multiple Choice Question:
Choose the correct answer:
a. Legislative Branch > Executive Branch
b. Legislative Branch < Executive Branch
c. Legislative Branch = Executive Branch
Per the Constitution, the answer is ‘c,’ not ‘b.’ You are equal to, not less than, the Executive Branch. You don’t answer to the President. Do the job you were elected to do.
‘The only thing necessary for the triumph of evil is for good men to do nothing.’ Do your job.”
I will note the origin of the “good men” quote is not really known often attributed, apparently in error, to Edmund Burke. But, I think its truth is undisputed.