(Editor’s note: David French is an American political commentator. He writes about law, culture, religion and politics. He was formerly a fellow at the National Review Institute. Born in Alabama and grew up in a small town in Kentucky,)
These are the times that try a constitutional conservative’s soul.
Donald Trump and his allies have proposed two legal maneuvers that could have profound consequences for the function of the federal government. He has proposed confirming presidential appointments through an abuse of his power to make recess appointments, and his allies have proposed reviving a mostly banned practice called impoundment, under which the president can refuse to spend money appropriated by Congress.
These proposals together would gut core constitutional functions of Congress and could make Trump our nation’s most imperial peacetime president.
You can’t fully comprehend how pernicious these proposals are without knowing Congress’s intended role in our republic. If you read the Constitution carefully, you see that the United States was not intended to have coequal branches of government. Instead, it is clear that the branch of government closest to the people, Congress, was given more power than any other.
While other branches can check Congress’s power — the president can veto bills and the Supreme Court can use the power of judicial review to invalidate statutes passed by Congress, to give the most obvious examples — Congress’s enumerated powers surpass those of both the president and the court.
But if Trump gets his way, he will have the power to nullify congressional enactments, even if they’re passed with veto-proof majorities. He’ll destroy the Senate’s advice and consent authority. He’ll make the executive the most powerful branch of government by far, creating a version of monarchical government that the founders despised.
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