OPINION:
Power corrupts. Absolute power corrupts absolutely. Unadulterated power in any branch of government is a menace to freedom, but concentrated power across all three branches is the very definition of tyranny: a dictatorship disguised as democracy.
When one party dominates all three branches of government — the executive, the legislative, and the judicial — there is even more reason to worry.
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None said it better than President James Madison: “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.”
There’s no point debating which political party would be more dangerous with these powers. This is true no matter which party is in power.
This is particularly true in the wake of the 2024 election.
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Already, Donald Trump, who promised to be a dictator on “day one,” is advancing plans to further undermine the nation’s already vulnerable system of checks and balances.
To be fair, this is not a state of affairs that can be blamed exclusively on Mr. Trump.
America’s founders intended our system of checks and balances to serve as a bulwark against centralized power being abused.
As constitutional scholar Linda Monk explains, “Within the separation of powers, each of the three branches of government has ‘checks and balances’ over the other two. For instance, Congress makes the laws, but the President can veto them, and the Supreme Court can declare them unconstitutional. The President enforces the law, but Congress must approve executive appointments and the Supreme Court rules whether executive action is constitutional. The Supreme Court can strike down actions by both the legislative and executive branches, but the President nominates Supreme Court justices, and the Senate confirms or denies their nominations.”
Unfortunately, our system of checks and balances has been strained to the breaking point for years now, helped along by those across the political spectrum who, in marching in lockstep with the Deep State, have conspired to advance the government’s agenda at the expense of the citizenry’s constitutional rights.
By “government,” I’m not referring to the farce that is the highly partisan, two-party, bureaucracy of the Republicans and Democrats. Rather, I’m referring to “government” with a capital “G,” the entrenched Deep State that is unaffected by elections, unaltered by populist movements, and has set itself beyond the reach of the law.
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This is exactly the kind of concentrated, absolute power the founders attempted to guard against by establishing a system of checks of balances that separate and shares power between three co-equal branches.
Yet as law professor William P. Marshall concludes, “The system of checks and balances that the Framers envisioned now lacks effective checks and is no longer in balance. The implications of this are serious. The Framers designed a system of separation of powers to combat government excess and abuse and to curb incompetence. They also believed that, in the absence of an effective separation-of-powers structure, such ills would inevitably follow. Unfortunately, however, power once taken is not easily surrendered.”
The outcome of the 2024 elections is not a revolutionary bid to recalibrate a government-run amok. Rather, this is a Deep State coup to stay in power, and Donald Trump is the vehicle by which it will do so.
This is why the Constitution’s system of checks and balances is so critical.
Those who wrote our Constitution sought to ensure our freedoms by creating a document that protects our God-given rights at all times, even when we are engaged in war, whether that is a so-called war on terrorism, a so-called war on drugs, a so-called war on illegal immigration, or a so-called war on disease.
The attempts by each successive presidential administration to rule by fiat merely plays into the hands of those who would distort the government’s system of checks and balances and its constitutional separation of powers beyond all recognition.
So, while we are overdue for a systemic check on the government’s overreaches and power grabs, this year’s electoral victory for Republicans was no win for the Constitution.
Rather, it was a win for the very entrenched, hawkish, establishment power structure that has exhibited no regard for the Constitution or the rights of the citizenry.
Be warned: the Deep State works best through imperial presidents — empowered to indulge their authoritarian tendencies by legalistic courts, corrupt legislatures, and a disinterested, distracted populace — who rule by fiat rather than by the rule of law.
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Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His latest books “The Erik Blair Diaries” and “Battlefield America: The War on the American People” are available at www.amazon.com. Whitehead can be contacted at johnw@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.
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