Told you so?
by
Matt Giwer (c) 1996 <1/6>
Of course I did. Yesterday
the last of the problems with the shutdown of 19% of the
government was solved. The employees are back at work but they
can not do anything. Their departments have no spending
authority as required by the Constitution.
Yes, back in December
1994, I wrote about the old zero funding ploy. I said back then,
if the president does not like the reduction in a department he
can veto the reduction and zero fund the entire department. That
it took so long to become obvious to the journalism majors is not
surprising.
It is not at though it is
complicated. If Bill Clinton does not like the downsizing of the
EPA he need only veto that bill. In doing so he has shut down the
EPA in its entirety.
The Constitution creates
our government such that Congress is supreme despite the tendency
to give the president supremacy this century. The rule is
simple. The President can veto Congress and Congress can
override a veto. The President can do nothing on his own in
spending money or doing much of anything internal to the country.
Anyone who does not like
it, change the constitution. But in doing so remember, in giving
any kind of supreme power to a president is in fact giving that
power to his political party. In 1932 Germany gave political
power to a political party. History indicates that was not a good
idea.
The desire for a strong
central leader was what brought down Germany. A president or
fuehrer with a free reign is exactly what we do not want. It is
the antithesis, not only of our form of government, but of
liberty.
You may not like what is
going on in Washington but then did you vote and who for and why?
Whatever is going on is the result of the form of government we
live under. And if you do not like it, there is always the
amendment process.
But should "common sense"
over ride the Constitution? Should necessity give powers to
individuals be they president or not? And, if so, which
individual?
It seems obvious that
that person should be the president as an artifact of our system
and our legacy of a century of serious war. On one hand, yes,
the person with that power should be our current warlord. On the
other hand, without war, that figurehead is superfluous. Without
an enemy there is no call to rallying around a president.
But here the genius and
insight of those who created our constitution and thus our
country is never better vindicated. Today we have a lowly
governor from either the left or right armpit of the country, who
should be the least interested in a strong presidency. Yet he is
defending the power of the presidency. Although that comes from
political parties that did not exist and are not recognized in
our Constitution there is the tendency to power requiring checks
and balances in all of its naked infamy.
Thus our Constitution
puts the power of the Congress ahead of both the President and
ahead of the Supreme Court. But let us go further into the
original concept. The president was to be elected by the
electoral college. The Senators were to be elected by the state
government bodies. Only the Representatives were to be elected
by the people. And only the Representatives, the House, was
given the power to initiate spending bills.
It is hardly surprising that
the line of succession to the presidency is first the vice
president and then the Speaker of the House, Newt Gingrich folks,
read it and weep. And why not? The ultimate power in this
country is in the people. The only direct election by
the people were to be the President, vice-President and members
of the House of Representatives.
Should we take a dislike
to this form of government we can change it. Should the
electoral process fail to meet our needs we can always use
violent revolution. There is nothing evil about that. The only
historic approbrium to revolution is to losing the revolution.
And here we are at the
fundment of our constitution. The House is refusing to spend
money where it is the only authority to spend money. It is
difficult to say they always want it their way when the
Constitution says it is only their way when money is spent. The
President does not agree, fine. The President has no legal
authority to do anything but execute the laws he signs. That is
the constitution.
If you do not like the
idea that words on paper should govern everything, just what
would you suggest be used in their place? If you think your
personal approach is right then please put it in writing so all
of us can comment upon it.
If that was not sarcastic
enough try it this way. If you do not like the government system
in the Constitution, then propose your own. Until then, live
with what is happening without complaining about what you do not
understand.