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CONGRESSIONAL DELEGATION OF POWERS

November 14, 2019

CONGRESSIONAL DELEGATION OF POWERS

Professor Kennedy in her blog today laments how Putin is having his way via Trump in “taking over the United States without firing a shot” and attributes such takeover to Trump. Many of my fellow contributors today followed suit, labeling Trump and his sycophants as gangsters and calling out Trump for putting his personal interests over that of country. I responded to her blog and my fellow contributors’ contributions, slightly edited, as follows.

To my fellow contributors > All right, we now know that we are governed by criminals with the aid and assistance of domestic sycophants who are in the game to get their piece of the pie, along with foreign mobsters (Putin is not the only one) who are intent on the destruction of what is left of our democracy to advance their own profit driven ends and  geopolitical purposes, so what are we going to do about it? Will Trump’s impeachment and even his removal from office end our problem?

I think the answer is no (though it would be a start). There are many “Trumps” lurking in our political pasture waiting for their shot at criminal power grabs, ranging from zoning payoffs at the local level to dozens if not hundreds of crimes committed by the present occupant of the Oval Office in pursuit of his self enrichment and that of his progeny and selected sycophants. We need an informed citizenry in order to end this democracy-ending plunge into 1984, not a pro-gangster cult, but I think what we need most is congressional activism. Following is a brief overview of one way we can end the present unholy alliance of crime and government.

Thus, for instance, the Constitution plainly states that the Congress is in charge of foreign trade (which includes tariffs and the like), but the Congress under Section 232 of a Cold War trade act delegated that power to the president on a finding that national security is involved, a delegation Trump quickly exploited, and now we have a manufacturing sector in recession, soybean and other farmers on welfare, tariffs which increase prices to American consumers etc., and this delegation of power is just one such example. There are many others where the Congress has yielded its legislative prerogatives to the executive via delegation of its authority under one pretense or another, some delegations good and some bad as they worked out in practice.

My recommendation is that the Congress have staff comb through every statute on the books to see what legislative powers they have delegated to the executive and reclaim such powers to themselves, doling out or removing such powers if already doled out on a one by one basis to the executive as the Congress may condition and direct. Unwieldy? Probably, but better an unwieldy reclamation of powers than their delegation to an administration composed of crooks and a president who has no interest in governing other than to feather the financial nest of his and his progeny’s nests (along with a share of the boodle to supportive sycophants via tax cuts, lax regulation etc.).

This, in view of the resistance one can expect from settled interests and corrupt politicians,  will not be easy and will take time, but the reality is that the judicial branch has no authority to reform the system and the executive branch cannot be expected to go along with a reduction in its powers, so only the Congress is left to reform a system of delegation of powers that has been hijacked by a crime syndicate only interested in governing to the extent that its members can make money. (See Ivanka’s Chinese patents and trademarks, Trump’s Turkish property interests, a pending hotel in Moscow, massive tax cuts for his “settled interests” and himself etc.).

If there are better ideas in how to end this assault on our economy, our democracy and our mores and folkways, I’m open to suggestion. Whatever works – but it had better work soon lest there be no framework to reform.       GERALD          E

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One Comment
  1. Niel Johnson permalink

    Jerry – It has been quite a spectac

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