| Americans need a civics lesson. And so do | | | | in a speech: "No law can give Congress a |
| politicians. Of all the wrong and delusional thinking | | | | backbone if it refuses to stand up as the co-equal |
| about the US Constitution the one that is most | | | | branch the Constitution made it." Do presidents |
| thoroughly incorrect and routinely used for political | | | | really want coequal branches? I think not. But |
| propaganda purposes is that there are three | | | | they want Americans to keep believing in |
| coequal branches of the federal government. | | | | coequality, because it sounds good and adds an |
| You hear presidents, members of Congress and | | | | aura of respect for government that politicians |
| media pundits say it all the time. They are wrong. | | | | desperately want. |
| Nowhere in the Constitution or the Federalist | | | | In reality, presidents with the most political power |
| Papers is there any statement or declaration that | | | | want others with far less power to feel good. |
| the three branches are coequal. Why has this | | | | They want to keep the public believing |
| myth persisted for so long? Why do so many | | | | (incorrectly) that the president is very limited in |
| prominent and supposedly educated people keep | | | | power. If George W. Bush proved anything it was |
| invoking this outright lie? | | | | not just that he created the imperial presidency, |
| Make no mistake. Either in theory or practice is | | | | but that over time the presidency has become a |
| there any basis whatsoever for believing that the | | | | mostly unchecked, pre-eminent and over-powerful |
| legislative, executive and judicial branches of the | | | | government force. They have accumulated far |
| federal government are coequal. It also defies | | | | more powers than ever envisioned by the |
| common sense. | | | | Constitution. By regularly invoking the false |
| Historical analysis has always shown that the | | | | coequality of branches argument and its |
| Founders, if anything, intended for Congress to be | | | | derivative checks and balances thesis, presidents |
| preeminent, and not the President and the | | | | intentionally spread the propaganda to safeguard |
| executive branch. For example, only Congress has | | | | an all-powerful presidency and executive branch. |
| the constitutional power to remove the President | | | | Meanwhile, Americans are largely ignorant that |
| and other high officers of the executive branch | | | | Congress has refused to honor and obey an |
| as well as the judiciary, but the latter cannot | | | | important constitutional option in Article V: a |
| remove any member of Congress. And Congress | | | | convention of state delegates that could propose |
| has control of raising and spending government | | | | constitutional amendments, despite over 750 |
| funds as well as the power to overrule any | | | | applications from all 50 states for a convention. It |
| presidential attempt to veto legislation. That | | | | is their way of preserving exclusivity for |
| Congress does not always choose to fully | | | | proposing amendments and presidents say nothing |
| exercise its constitutional powers does not | | | | because they fear amendments curbing their |
| remove them. | | | | power. The Supreme Court does nothing because |
| As to the Supreme Court and the whole judiciary, | | | | it likes amending the Constitution through its |
| they function only as long as Congress provides | | | | decisions. |
| funds, the executive branch provides security, | | | | Understand this: Having distinct constitutional |
| and both choose to obey court decisions. More | | | | responsibilities does not make branches coequal. |
| importantly, the Supreme Court does not act on | | | | The myth of coequality protects our delusional |
| its own to enforce the Constitution, even when | | | | democracy and makes a mockery of our |
| the President and Congress disobey it, but it could. | | | | constitutional republic. If people really want coequal |
| It is time for Americans to stop and think. In | | | | branches then they should start thinking about a |
| what exact ways are the three branches | | | | constitutional amendment to make it so. |
| coequal? According to the dictionary coequal | | | | Alternatively, we need Congress and the judiciary |
| means resembling each other in all respects. But | | | | to act with far greater strength and conviction to |
| ridding the culture of constitutional myths seems | | | | use their constitutional powers and more |
| awfully difficult, especially since Garry Wills | | | | effectively constrain presidential powers. |
| published his excellent book "A Necessary Evil" a | | | | If prominent people tell a lie enough times, again, |
| decade ago, which artfully exposed a number of | | | | and again, and again, then the public lie becomes |
| them. | | | | accepted fact, a cultural myth. So it is with the |
| In particular, presidents seem to like talking about | | | | three coequal branches of government lie. It will |
| the coequal branches of government, including | | | | be defended. It serves a purpose: False |
| Barack Obama. In January 2008 Obama said this | | | | confidence in constitutional government. |