Tag: Congress

Is National Security Replacing the Commerce Clause as the Basis for Sweeping Federal Power?

The falling away of federalistic principles from government is often linked to the increasingly nationalistic scope of politics. Under the auspices of the commerce clause and the “necessary and proper” clause, federal government officials have been able to rationalize their claim to final regulatory authority over an increasingly wide swathe of issues. The commerce clause…

The Shutdown Highlights Oligarchic Attitudes in Government

There is perhaps nothing so indicative of an increasingly oligarchic trend in government as language from politicians signaling their actions are oriented around what is most convenient to others of their ranks. By way of example, a recent story in Roll Call detailed how, in the waning hours before the government shutdown took effect, Sen.…

Re-establishing federalism starts with divorcing national politics from elections

If one believes that many of the shortcomings of today’s politics can ultimately be traced to the abandonment of federalist principles—as tends to typify certain strains of right-wing thought—then the trend in national elections, which primarily subjects candidates running for federal office to scrutiny by other elected officials rather than to the judgment of their…

Presidential Deal-Brokering Threatens Rule of Law

The president has no legislative power. This is confirmed not only by the lack of language in Article II of the Constitution granting the president authority to issue laws, even in times when they may be exigently needed, but also in the rather explicit clause of Article I, Section 1, which states that “All legislative…

Undercutting the Separation of Powers Will Not Fix GOP’s Healthcare Nightmare

The astounding impotency of Republicans, who cannot even garner the votes necessary for a clean repeal of the Affordable Care Act, goes far beyond poor leadership. Opposition to ObamaCare, once pejoratively branded “socialized medicine”, is conceivably the core of the party’s identity. Not only have Republicans made repealing former president Obama’s signature legislation an issue…

The Senate is Broken, But Republicans Didn’t Break It

Senate Republicans invoking the nuclear option and requiring a simple majority for the approval of Supreme Court nominees has engendered a great deal of hysterical handwringing. Indeed, the terminology seems to demand such an overly dramatic response. The histrionics gets one point correct: the integrity of the Senate as a body has been utterly destroyed.…

Current Political Culture Undercuts Separation of Powers

The nascent Trump presidency is a veritable labyrinth comprised of twisting scandals and the pitfalls of internecine quarrels. Yet, the true crisis of modern government is missing from the gossip-driven scandalmongering that has become the exclusive domain of the daily news cycle. This is the clear lack of understanding from many members of the media…

Intraparty GOP Opposition Should Be Touted in New Administration

The 2016 election represented a fundamental shift in American politics. Donald Trump’s ability to successfully position himself as a Republican who publicly repudiated traditional right-wing ideas such as free trade and limited government reconfigured the traditional two-party divide. America now has two parties that embrace a strong, managerial federal government. This is not a phenomenon…

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