In all of the chaos that has been swirling around the last week or two, i.e.; the border crisis, the Malaysian airliner, and the Gaza Strip, what has been lost or certainly under reported is the very important Congressional lawsuit against Executive Authority. Notable George Washington University law professor and admitted Obama supporter Jonathan Turley testified in front of Congress this last week in support of the lawsuit, and his testimony was very compelling and should get the attention of anyone who respects the Constitution and the founding of our country. Turley warns not only of unlawful unilateral changes to legislation by the executive branch, but also of the “fourth branch” of government, and the increasing power of agency deference, and the enactment of law through regulations. The testimony is found in full text here, and is a good weekend read. Many of us here have spoken to this issue quite a bit calling for the need to limit the size and scope of the federal government, and to see that the House, through elected representatives, and the States assert their Constitutional authorities. Unfortunately, in the face of those statements, we have been called racists and extremists by the very people who either support the expansion of unilateral power and the departure from the tripartite system our founders intended, or by those who are so willfully ignorant they pose an extreme danger to our republic. I contend it is the latter. In his testimony, Turley explains how he sat in bewilderment when the President stood in front of the Congressional body and told them straight up that he would go around them if they failed to act and many of them stood up and cheered. How sad is that? Congress cheering a President that promises to strip them of their elected responsibility. This lawsuit must go forward, and it must succeed, and this is just the first of many actions the people must engage in to regain control of this government, and of this country. Below are some excerpts:
While the President is clearly exasperated by the opposition that he has encountered in Washington, the Framers created a system that often forces compromise between factional and political groups. That legislative process tends to produce laws with a broader base of support and, frankly, a better product after going through the difficult revisions and conferences. What emerges is not always perfect but it does have the legitimacy of a duly enacted law. It is that legislative process that is the key to the success of the American system. Thus, the loss caused by the circumvention of the legislative branch is not simply one branch usurping another. Rather, it is the loss of the most important function of the tripartite system in channeling factional interests and reaching resolutions on matters of great public importance.
The rise of this fourth branch in our tripartite system raises difficult questions.65 Today, the vast majority of “laws” governing the United States are not passed by Congress but are issued as regulations. Adding to this dominance are judicial rulings giving agencies heavy deference in their interpretations of laws under cases like Chevron. Recently, this Supreme Court added to this insulation and authority with a ruling that agencies can determine their own jurisdictions — a power that was previously believed to rest with Congress. In his dissent in City of Arlington v. FCC, Chief Justice John Roberts warned, “It would be a bit much to describe the result as ‘the very definition of tyranny,’ but the danger posed by the growing power of the administrative state cannot be dismissed.”