One of the goals of The Convention of States is to reduce the influence and overreach of the federal government. Today, we explore one way to accomplish this goal. Our government and The Constitution are supposedly built on checks and balances. The President can veto any action taken by Congress. This action prevents an out-of-control Congress from enacting laws that are contrary to the President’s liking. The President, however, can initiate an Executive Order to work around Congress.
Congress’ job is to propose legislation and the President’s job is to approve that legislation and carry out the enactment of that legislation. The President does this by employing a huge bureaucracy. How the bureaucracy enforces the approved legislation is at their discretion unless otherwise specified. Remember, we did not vote for the bureaucracy, but they have sole control of how enactment occurs, subject to the whims of the President. Today, we are seeing how that kind of government works. The President (and the administration) have too much power. Is he a dictator now? The power a President has is derived from a do-nothing Congress and the attitude of Presidents that say “I have a telephone and I have a pen.” The President assumes these powers on the basis of expediency and declared “emergencies.” Congress can override a Presidential veto, but it takes a supermajority to do so. Congress can pass legislation to stop Executive Orders, but the President can veto that legislation. We, the people, have a very little voice. How do we fix this imbalance?
One possible way is described by Mark Levin in his book titled “The Liberty Amendments.” Mr. Levin proposes that Congress be given the authority to review and approve all Presidential (read administrative) proposed regulations (executive orders) greater than $100 million of expenditure. This proposal would add a check to the President’s power to write Executive Orders or rules. Congressional review and approval would slow the initiation of an Executive Order or administrative rule, allow debate of the order or rule, and provide the American people a means to weigh in on a President’s wishful thinking.
That leaves the declaration of an “emergency” to consider. Presidents have used the emergency ploy several times in that last 10 years to get what they want. Some of these “emergencies” have been going on for 10 Years – without direct consent of Congress. How often does an emergency exist that requires action within a few hours or a day and lasts 10 years? Admittedly, Congress is slow to react, but a Congressional Delegation Oversight Committee, composed of seven members, could react swiftly to avoid Presidential folly. Admittedly, more consideration must be given as to how this committee would act. How such a committee would act is part of the discussions of a Convention of States.
Consideration of Presidential and administrative actions has been removed from the public purview. How is that working today? The bureaucracy has ballooned out of sight. Do we really need that many people to administer this nation? How is it that working for the government is like getting a lifetime guarantee with no recourse? Is it not time to stop this overreach of government and bring this nation back to sane principles of governance that our Founding Fathers laid out for us? A Convention of States can right these abuses – if given a chance. It still requires 75 percent of the states to ratify a proposed amendment. There is little chance we can go wrong. Why not give A Convention of States a try? We might just get a solution.
