Obama and no Checks & Balances
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Obama and no Checks & Balances
| Tue, 10-28-2008 - 12:53pm |
Is anyone else worried that Obama probably will win the presidency, the Democrats very likely will have control over both houses of Congress, and there might be enough votes to break the filibuster? I would be OK if one or two of these factors happened, but not all three. We will have no Checks & Balances. I would feel this way whether the Republicans or the Democrats had power. No party ever should be this dominant and have this much power. Is anyone else worried about the potential loss of our Checks & Balances?
~Amy


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Checks and balances was an Enlightenment idea of Le Baron de Montesquieu that was put into the Constitution. Its purpose was, ostensibly, to keep any branch from becoming too powerful, but in reality was to keep the executive from assuming more powers than giving him by the Constitution. That baby has long since been tossed out with the bathwater!
The greatest danger to checks and balances actually occurred in 1937, when FDR asked Congress, which was predominantly Democrat, as was he, to add 6 new justices to the Supreme Court. This move would have allowed him to put 6 New Dealers on the court, which had been routinely shooting down the legislation that had been passed. Congress, specifically the Senate Democrats, were among the first to shout 'Foul' and the measure never was passed. (Yes, at the same time, the Supreme Court did say that Social Security and the Wagner Act were constitutional, which mollified FDR.)
This historical anecdote does serve to say that, when push comes to shove, the concept of checks and balances supercedes the idea of party unity.
thank you for that remarkably condescending post.
I'm sure I'll survive... poorer from the expected tax increases, but I'll survive.
"Too bad, so sad"?
"Just remember, what ever doesn't kill you makes you stronger. After surviving Bush and his cronies for the last 8 years I am feeling pretty darn strong by golly!"
OK, that one made me cry a little.
I don't even let myself think Obama has it in the bag.
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