Broken Government

Key Takeaways

1. Republican rule has destabilized the three branches of government

Republicans have simply dismantled or ignored countless well-established processes found in the rules, customs, norms, traditions, laws, and constitutional mandates of the federal system.

Systematic breakdown. Over the past several decades, Republican control of government branches has led to a systematic breakdown of long-established norms and processes. This includes:

• Disregard for legislative deliberation and oversight in Congress
• Expansion of unilateral executive authority in the White House
• Politicization of judicial appointments to advance conservative ideology

Consequences. The consequences of this destabilization include:

• Erosion of checks and balances between branches
• Decreased government transparency and accountability
• Declining public trust in democratic institutions
• Increasing partisan polarization and gridlock

2. Congress under GOP control became dysfunctional and partisan

Not surprisingly, the Republicans tried to blame me for the shutdown. I was afraid they'd get away with it, given their success at blaming me for the partisan divide in the '94 election.

Deliberate obstruction. Under Republican leadership, Congress deliberately obstructed normal legislative processes:

• Limiting debate and amendments on bills
• Excluding Democrats from conference committees
• Using parliamentary tactics to block legislation
• Refusing to hold oversight hearings on the executive branch

Partisan warfare. The GOP approach fostered an atmosphere of partisan warfare:

• Demonizing political opponents
• Prioritizing party loyalty over institutional responsibilities
• Engaging in brinksmanship over government funding and debt ceiling
• Pursuing impeachment as a political weapon

This dysfunctional partisanship eroded Congress's ability to legislate effectively and serve as a check on executive power.

3. The Bush-Cheney administration dangerously expanded executive power

Cheney's mission to strengthen the presidency, particularly in foreign affairs, by rewriting the Constitution and ignoring the law has only confirmed that unchecked presidential power is dangerous.

Unilateral authority. The Bush-Cheney administration asserted unprecedented unilateral executive authority, especially in national security matters:

• Authorizing warrantless surveillance of American citizens
• Establishing military tribunals without congressional approval
• Sanctioning "enhanced interrogation techniques" despite laws against torture
• Launching the Iraq War based on misleading intelligence

Secrecy and stonewalling. The administration further expanded power through:

• Excessive secrecy and classification of information
• Stonewalling congressional oversight attempts
• Appointing ideological loyalists to key positions
• Using signing statements to selectively enforce laws

This accumulation of unchecked executive power upset the constitutional balance and set dangerous precedents for future administrations.

4. Republican presidents have politicized the federal judiciary

Nixon's judicial legacy, aside from placing Rehnquist on the Court, was his influence on the process by politicizing presidential decisions in judicial appointments.

Ideological litmus tests. Republican presidents since Nixon have applied ideological litmus tests to judicial nominees:

• Seeking judges committed to conservative interpretations
• Vetting candidates through conservative legal organizations
• Prioritizing young nominees for lifetime appointments

Long-term impact. This strategy has reshaped the federal judiciary:

• Conservative majorities on many appellate courts
• Rightward shift in Supreme Court jurisprudence
• Erosion of precedents on civil rights, regulation, and executive power
• Growing public perception of courts as political actors

The politicization of judicial appointments threatens the independence and legitimacy of the federal court system.

5. The unitary executive theory threatens constitutional checks and balances

Clearly there is a wide scholarly consensus that there are no inherent powers in the presidency.

Expansive interpretation. The unitary executive theory promotes an expansive interpretation of presidential power:

• Claiming inherent constitutional authority beyond enumerated powers
• Asserting control over all executive branch functions and personnel
• Resisting congressional oversight and judicial review

Dangerous implications. This theory has dangerous implications:

• Undermining separation of powers
• Enabling unilateral presidential action without checks
• Justifying expansion of war powers and surveillance
• Eroding democratic accountability

While proponents claim historical and legal justification, most scholars reject the theory as contrary to constitutional design and precedent.

6. Signing statements have been abused to undermine legislative intent

Bush challenges hundreds of laws: President cites powers of his office.

Selective enforcement. Presidents have increasingly used signing statements to selectively enforce laws:

• Declaring intent not to enforce provisions deemed unconstitutional
• Interpreting statutory language to expand executive authority
• Limiting the scope of congressional oversight requirements

Scale of abuse. The Bush administration took this to new extremes:

• Issuing statements on over 1,000 provisions in 8 years
• Challenging core war powers and anti-torture legislation
• Asserting unilateral authority to ignore statutory requirements

While signing statements have some legitimate uses, their systematic abuse threatens legislative supremacy and rule of law.

7. A fundamentalist Supreme Court majority would radically reshape American law

Fundamentalists will make the federal judiciary a benefactor for the rich and fortunate, while its decisions will provide little support for those who most need it.

Conservative agenda. A Supreme Court majority of judicial fundamentalists would pursue a radical conservative agenda:

• Overturning or gutting Roe v. Wade abortion rights
• Eliminating affirmative action programs
• Restricting federal regulatory authority
• Expanding corporate and religious rights

Broad impact. This shift would have far-reaching consequences:

• Reversing decades of civil rights progress
• Weakening environmental and consumer protections
• Eroding separation of church and state
• Favoring business interests over workers and consumers

Such a fundamentalist majority could reshape American law and society for generations.

8. Restoring proper government processes is crucial for democracy

Running the government as it is supposed to be run.

Return to norms. Restoring proper governmental processes requires:

• Respecting separation of powers and checks and balances
• Adhering to established legislative procedures and oversight
• Limiting executive overreach and unilateral action
• Depoliticizing judicial appointments

Democratic renewal. These steps are crucial for democratic renewal:

• Rebuilding public trust in institutions
• Reducing partisan polarization and gridlock
• Strengthening constitutional guardrails
• Promoting compromise and deliberation

Ultimately, preserving American democracy depends on recommitting to the proper processes and norms that have sustained it for over two centuries.

Last updated: November 21, 2024

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