The Constitution limits the presidency. It won’t work without Congress | Opinion
The president doesn’t have the power to casually apply tariffs to imports from any country in the world. The Constitution gives the tariff power to Congress.
He doesn’t have the police power to send troops into states to police for crimes. The states have that power.
He doesn’t have the power to bomb unmarked boats from foreign nations without getting a declaration of war from Congress.
He doesn’t have the power to detain people on U.S. soil and send them to foreign jails without due process.
He doesn’t have the power to choose not to spend money budgeted by Congress.
He doesn’t have the power to shut down government agencies established by Congress.
He doesn’t have the power to punish law firms, corporations, universities, news organizations and individuals for their political viewpoints, things said, people represented or classes taught.
He doesn’t have the power to take funds allocated by Congress to spend on one thing and instead spend them on another thing.
He doesn’t have the power to give billions of dollars unbudgeted and unplanned by Congress to a foreign nation.
He doesn’t have the power to disregard the 14th Amendment’s birthright citizenship clause.
He doesn’t have the power to authorize searches and seizures of people on American soil without complying with the 4th Amendment.
He doesn’t have the power to depose a foreign leader with military power without getting a declaration of war from Congress.
He doesn’t have the power to seize millions in foreign assets and place them in a slush fund in a bank in a foreign country.
He doesn’t have the power to unilaterally disregard or violate international treaties, which are defined in the Constitution as the supreme law of the land.
He doesn’t have the power to unilaterally wage war on a foreign country without even consulting Congress.
He doesn’t have the power to violate the foreign emoluments clause, either directly or indirectly, by accepting lucrative benefits from foreign governments and foreign leaders investing in the president’s and his family members’ businesses.
He doesn’t have the power to sue the government he leads and then settle his own case by creating a billion dollar fund for his friends and pre-pardoning himself, his family and all of his family businesses from any future IRS tax audits.
“We The People” set up this system of limited government that delegates the executive branch limited powers. The Constitution places more powers with Congress than with the executive, but ultimately retains all unenumerated powers with the states and the people.
Congress took oaths of office to support and defend the Constitution. They know what it says. They know the laws. Yet in the face of vast executive branch overreach, Congress does nothing.
I’m in search of a leader. Someone willing to stand up in the face of withering criticism — simply because it is the right thing to do. Who will uphold their oath? Who will protect our Constitution? We can only rely on the courts so much. But when will the first branch do its job?
We’re not the first nation to watch the neutering of the people’s houses of government at the behest of the executive. The most famous example was ancient Rome. But we don’t have to follow Rome’s path.
It’s up to the people. Do we still care about the Constitution and rule of law? Then we must lead. It’s becoming apparent that we can’t rely on anyone else.
Sean Coletti is an attorney who lives in Ammon.