During the
past eight-years the President and the Democratic Party took measures to
by-pass the historical precedents and constitutional limitations of government
as they strove to implement their vision of the future on the nation. The phase President Obama used was “I’ve got
a pen and I’ve got a phone”[i]
as he talked about implementing those policies he thought were in the best
interest of the nation.
When frustrated
by political gamesmanship in getting judges approved by the Senate, Harry Reid
and his fellow Democratic senators implemented what has been called the “nuclear
option,”[ii]
eliminating the historical ability of a Senator to filibuster a Presidential appointment and
block its approval until the filibustering Senator is appeased, or the
nomination withdrawn.
Both of these
actions met some tactical need for the party in power, but brought with them
significant strategic risk. That risk
was realized when their candidate failed to secure the necessary electoral
votes and fell well short to Mr. Trump who carried with him sufficient Republicans to gain control of the Senate.
As we enter
into the new era it does not bode well for the liberal side as Mr. Trump now
has the ability to rule by pen and executive order just as Mr. Obama chose
to. As political scientists are fond of
saying Democracy is a messy and inefficient form of government. Control by a single entity (I’ll leave the
choice of terms for you) is more efficient in achieving action, but carries
with it the potential for loss of our constitutional safeguards.
It strikes me
as we move forward in this new era we seem to be moving along the lines of the
Roman Republic, as it became the Roman Empire.
Will we shift the office of the President from one of the three equal branches
of government to the supreme branch?
That certainly appeared to be the intent under the past administration, and
I suspect will be the easiest course of action for the new President.
This has already begun as the news highlights of his first workday in office is his
undoing of many of President Obama’s directions (i.e. Executive Orders).
If the news
is to be believed – during the next two years the President will be able to
nominate at least one Supreme Court Justice, and a significant number of lower
court justices (making conservative justices a majority in most courts) with
Republican approval. Leaving the Democratic Party powerless to do anything but
bluster and condemn in a media that supported their actions in the first place.
The next two
years will be interesting, as well as telling to see if we are moving further
from the Republic envisioned by our founders, or if the safeguards of our
Constitution are able to resist the shift to emperor.
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