E-Newsletter No. 78                     June 2020      

This is the third installment in a series of monthly newsletters that discuss our Editorial Board’s views on what is wrong with the federal government, and what we should do about it.

The President’s duties and responsibilities are spelled out in the Constitution in Article II, Sections 2 and 3.  Section 2 begins with the following statement – The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States…  Section 2 goes on to say that the President “shall have Power, by and with the Advice and Consent of the Senate, to make Treaties…  and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States…” 

The Framers of the Constitution established a federal government with limited, enumerated powers that are focused on protecting the unalienable rights of our country’s citizens and defending our country against any other nation that might want to do us harm.  Unfortunately, due to “Progressive” (expansive) laws that have been passed by the Legislature over the years, the Executive Branch has grown well beyond the intended functions listed above.  Section 2 refers to “principal officers of the executive departments”, which are now commonly referred to as the President’s cabinet.  These executive departments (the Administrative State) are where the growth in the size and scope of the federal government has occurred. 

The various departments of the Administrative State can be sorted into two lists – a list of those vital, appropriate departments that were envisioned in the original Constitution and a list of the other departments that represent a violation of the Tenth Amendment.  The appropriate departments are Defense, State, Commerce (for international and interstate commerce issues), Justice, and Treasury. 

There is also a third “hybrid” list of a few additional departments that are probably OK, because they fall under the federal government’s responsibility to protect our country’s citizens.  These departments (and the year in which it was established) are as follows – Interior (1849), EPA (1970) and Homeland Security (2002).  However, the scope and operations of these three bureaucracies should be drastically curtailed and transformed.  These departments should become “think tanks” (policy advocates) but should not have any employees who actually administer any specific programs.  The execution of these departments’ policies and programs should be performed at the state and local level, and not run by the federal government.

And then there is the list of departments that are a violation of the Tenth Amendment.  It should be noted that it would be OK to maintain a “think tank” department that could serve as a resource to State governments.  However, the administration of any specific policies and programs should be at the state and local level.  The “non-constitutional” departments are as follows – Agriculture (1862), Labor (1913), Health and Human Services (1953), Housing and Urban Development (1965), Transportation (1966), Energy (1977) and Education (1979).  We believe that each of these departments should be required to justify its existence each year in connection with the preparation of the federal government’s annual budget.  And the President needs the power of the Line Item Veto, to eliminate any unnecessary spending.

By now, it should be readily apparent how the federal government has managed to keep growing over the years.  This growth has been caused by the progressive movement, and it has been facilitated by Congress, which has authorized this expansion of the federal government.  Article 1 states that …all legislative powers are vested in a Congress…  The worst aspect of these agencies is that each agency issues its own rules and regulations, which are, in effect, laws.  Congress has not only violated the Tenth Amendment, but it has also abdicated its legislative responsibilities under the Constitution. 

A similar problem that needs to be addressed is the President’s use of Executive Orders.  The President is not the Legislature.  However, due to the cumbersome nature of the legislative process, we generally accept the need for Executive Orders.  However, in those situations where the President has exceeded his authority, such as President Obama’s DACA Executive Order, Congress should have the ability to override and nullify any such Executive Order with a simple majority vote in the House and Senate.

Another issue that needs attention relates to the commitment of US troops in armed conflicts overseas.  Article 1 gives to Congress the sole responsibility to declare war.  A declaration of war cannot be issued by the President.  However, the President is the Commander in Chief of the armed forces and has the responsibility to protect the country.  This inherent conflict between the Legislative branch and the Executive branch was somewhat resolved by the War Powers Resolution of 1973, which was passed by Congress in connection with the undeclared war in Viet Nam.  This Act was intended to check the President’s power to commit US troops in armed conflict without the consent of Congress.  It provides that the President can send troops into action only by a declaration of war by Congress, or by “statutory authorization”, or in the case of a “national emergency.”  The Act requires the President to notify Congress within 48 hours of committing our armed forces to a war zone, and it forbids the troops from remaining more than 60 days without congressional authorization.   It appears that our current ongoing multi-year deployment of troops overseas has been covered in the past by the “statutory authorization” of Congress to provide funds for armed conflicts in those countries where there has not been a formal declaration of war.  We recommend that for transparency purposes, Congress needs to specifically vote each year on each armed conflict that is “in process” to either issue a declaration of war or confirm the continued statutory authorization for that war.

US Debt Clock – – May 1st – $75,432 per citizen / June 1st – $77,993