Shared Pool of Knowledge

Let’s review of the US Constitution, specifically:

IN Article I, we find one of the powers of Congress, in Section 8:

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

There are many more powers granted to Congress in Section 8, but this one is the most relevant to this discussion. “To make all laws… for carrying into execution the foregoing powers.” In plain language, Congress creates the laws, creates the organizations (departments) that will execute those laws. Article II section 1 starts with “The executive Power shall be vested in a President of the United States of America.”

When Congress passes a law creating a program, it also designates what department or agency will carry out that program. Or, it creates a new department to carry out new programs. Congress creates the structure of the Executive Branch, through which the laws are executed. The President runs the Executive Branch. He appoints the Secretary to run the department. In most departments, he appoints the heads of the various divisions of the department. He, through his department heads, has complete control over how the departments operate, so long as they are implementing the programs assigned to them by Congress. There is one department in the Executive branch that serves as the Human Resources office of the federal government – the Office of Personnel Management (OPM).

OPM is ultimately responsible for managing the personnel of the federal civil service- hiring, firing, discipline, lay-offs. Congress has written laws to protect civil servants. Civil servants can only be fired for cause, after due process, or as part of a reduction-in force. OPM is required to follow these laws in managing the federal workforce.

Now let’s look at Article II, which states: The executive Power shall be vested in a President of the United States of America. It has four sections. The first deals with how the president and VP are elected, qualifications, succession, compensation and oath of the President. The second makes the President Commander-in-Chief of the armed forces, gives him the power to grant pardons, make treaties, appoint certain officials, and fill vacancies. Section 4 is about impeachment. 

Article II Section 3 describes the President’s relationship to Congress. In its entirety, it states:

 He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

The President’s role in creating the executive branch and in the laws and programs it executes is summed up in one sentence: “…give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient;”

His role is to recommend laws, programs, departments, actions, changes. He is welcome to recommend as urgently or enthusiastically as he wishes, but his role in creating the government is advisor. Certainly, we can all name certain Presidents who were quite effective in getting Congress to follow their advice. Political realities (which party controls the House, Senate, and Presidency) make some Presidents more successful than others at getting Congress to go along with their plans.

Just as certain, we need a leader to make ultimate decisions – government by committee is not always the best.  One could easily argue that our government serves our country best with a strong leader, suggesting a definite direction for us to go. But it is up to Congress to go there.

Trump seems to believe that he can now do more than recommend – he can act as he would with his family business – as the father, the leader and the voice that will not be denied. He seems to think he can hire and fire civil servants at will, make major changes to departments, statutes, programs, even the 14^th Amendment to the Constitution, just by ordering it so. He also seems to think he can delegate all of that authority he does not have to a temporary advisor who has not been vetted as all other Presidential appointments are.

The Republican-led Congress will not act to stop Trump’s and Musk’s lawless behavior. We can only hope the Judiciary branch, bottom-to-top, will rein them in. Otherwise, we are in for years of lawlessness at the very top of our government.