In 1789, James Madison and the framers of the U.S. Constitution declared independence and fought a war against the oppression of the British monarchy, but now a weak and ineffective national government threatens the survival of the fledgling nation. was being challenged. In response, they enacted a new constitution establishing a tripartite government consisting of an executive (president), legislative (parliament), and judicial branch, each with independent but offsetting powers. .

This separation of powers with checks and balances is the basis of the constitutional system of government. It is, as described by Madison, “essential to the maintenance of freedom” by preventing “concentration of power” in one branch of government. And it is necessary to protect people from “government abuse” and “state oppression”. [their] rulers. “

Fast-forward to today and Madison would be appalled at the arrogant powers of modern presidents, including legislative powers that go far beyond constitutional mandates, through the overuse of executive orders and congressional self-reduction. To him, the Constitution would seem to have betrayed the people.

President Washington first presidential decree Virtually all presidents issue executive orders, such as directing executive heads to submit reports on their operations.Thin number But the scope of the executive order has expanded significantly under recent presidents and continues to expand further with President Biden. They represent the “usurpation” of power that Madison feared.

Modern presidents have each issued hundreds of executive orders, but Madison has issued just one in his eight years in office. Indeed, reflecting the arrogance of this president, then-President Obama boldly declared: “I can’t wait for our increasingly dysfunctional Congress to do its part. If they don’t act, I will.”

A presidential decree is an order issued by the president with the force and effect of law. However, the Constitution makes no mention of presidential decrees. Rather, this power of the president is either implied by the constitution which gives him executive powers, or conferred by Congress, either explicitly or implicitly through statute.

Executive powers of the president are limited. According to the constitution, the president has no power to make laws. Article 1 of the Constitution vests this power only in the legislative branch, and states, “All legislative powers hereunder shall be vested in the Congress of the United States of America.” Note the clear terminology.[a]”will” and “should”.

In contrast, Article 2 allows the president to only “recommend” or propose action to Congress, and otherwise “take care that the law is faithfully enforced.” is asked. That is, Congress must make laws and the President must “enforce” those laws. The president’s sole power in the legislative process, other than to recommend legislation to Congress, is the power to veto legislation that Congress can override.

Article 1, the key to restricting the president’s powers, puts “wallet power” in the hands of Congress, not the president. Article 1 stipulates that no public money can be spent other than the “lawful expenditures” of Parliament. This “appropriation clause” acts as a constitutional check on executive power.

Ignoring constitutions, Biden has issued over 200 constitutions to date. Executive Orders and Other Directives Imposing the Democratic Party’s radical, divisive and progressive policies through administrative law. These mandates are expanding the scope of change, threatening national security, the economy, religious liberty, and individual rights.

Examples of Biden’s more egregious orders, just to name a few:

• Stopped building a border walldivert border wall funds and open borders to unprecedented illegal immigration, Mexican cartels, Chinese fentanyl, and human trafficking.
• Cancel Keystone XL pipeline and order Environment and Climate Change ProgramThis has seriously compromised energy security, which is vital to national security, and has resulted in significant increases in fuel prices for US homes and businesses.
• End abortion bans and export abortions federal taxpayer fund For international abortion services.
• oversee the student loan relief plan This is one of the largest expenditures in history (forgives nearly $5 trillion in loans by 43 million borrowers) and is a clear violation of the Constitution that gave Congress monopoly spending powers.and
• Radical ordering racial equality The program calls for all government agencies to implement “equitable action plans” and “equity programs” based on racial identity, particularly in violation of their 14th Amendment obligations on “equal protection of the law” and civil rights. It is obligatory to implement Laws prohibiting discrimination.

As these examples demonstrate, Congressional Democrats have relied on Biden’s extreme exercise of presidential power as the “easy button” to implement radical progressive policies.and they want more Congressional Progressive Caucus Pressure Biden to Use Executive Order to Advance Policy wish list It will never be enacted by a bipartisan Congress.

Madison wrote in a Federalist paper that it was unfair to concentrate legislative and executive powers “in the same hand.” “Exactly the definition of tyranny.” and “tyrannical government”. Protection from this oppression depends on checks and balances with each branch of government.[ing] To keep government agencies “in place,” they stopped “violating others.” “Ambition must be made to counter ambition.”

Biden and Congressional Democrats are subverting this important principle, as Biden is not merely colluding, but is exercising seemingly unlimited executive power with congressional Democrat support. Madison would be thoroughly embarrassed by this aggressive concession of constitutional authority by congressional Democrats, a betrayal of Congress as an institution.

A Biden power grab puts our Constitution, our nation, and our liberties at risk. To curb this burgeoning abuse of executive power and growing Congressional obsolescence, we the people must come together to elect a Republican majority in the Senate and House in 2024. And this new parliament must actively activate the constitutional legislative powers and reset the proper balance of power between government branches.

Michael Clancy is an attorney, political and legal commentator, and member of the Federalist Society. Follow him on Twitter @MikeClancyVA

The views and opinions expressed in this commentary are those of the author and do not reflect the official position of The Daily Caller.