By The Way

I know it says Chris LEWIS as the author of this website, but I assure you it is me Chris MCGUINNESS, there was already someone with my name so I had to get a pen name. I had to blow my own cover to make sure I get credit for this project, hahahah!

Websites

Here are some great websites.

1. National Constitution Center

http://www.constitutioncenter.org/

This is a wonderful website for anyone who wants to take an in depth look at the document that founded our system of our system of government. While this site does not necessarily focus on separation of powers per say, I think it is important to know exactly how the checks and balances SHOULD function. In essence the constitution is representative of what a healthy democratic system looks like. Compare it to what is happening today and see where the cracks in system are showing.

2. Media Matters for America

http://mediamatters.org

Although the media is not technically a branch of Government. It is often called the "Fourth Estate" and is the only entity specifically named and protected in the constitution. It is a check and balance that must be preserved. Media Matters for America is a site that points out when the media (TV, Newspapers Etc) is not living up to its job as a check against the government. It is a wonderful resource in keeping the media honest.

3. Follow The Money

http://www.followthemoney.org/

Another element that is weakening our legislative and Executive branches is the influence of money from special interests. When lawmakers are in the pockets of others, then our Government is not healthy. This website allows you to enter in the names of political candidates and office holder and see who they are taking money from. From local candidates to the big wigs in D.C. you can get to know the people behind the curtain so to speak.

4. CREW

http://citizensforethics.org/

The Citizens for Responsibility and Ethic in Washington is a group that scrutinizes the ethics of lawmakers in the House and Senate on both sides of the aisle. Within the Congress, it is important to keep a close eye on lawmakers, because their actions can either strenghten or weaken the wall that separate the powers. In the case of ethics, unethical behavior more often leads to weakness rather than strength, and that is where the watchdogs at CREW come in.

Audio

Here are some great podcasts. Just follow the links and enjoy.

1. Unitary Executive

http://www.podzinger.com/viewMedia.jsp?q=unitary+executive&start=0&num=10&col=en-aud-pod_safe-ep&filter=1&e=4421781&scol=pod&il=en&mc=en-aud&index=1&seek=1912.049

This sound bite features Salt Lake City Mayor Rocky Anderson as he explains the inherent wrongness of the Unitary Executive theory and its danger to the American system of Government.

2. A Breakdown on the Attorney General Scandal

http://www.podzinger.com/viewMedia.jsp?q=alberto+gonzalez&start=0&num=10&col=en-aud-pod_safe-ep&filter=1&e=4333339&scol=pod&il=en&sname=&mc=en-aud&index=7&seek=2018.139

Radio host Ed Shultz goes through the time line of the Attorney General scandal. This is a rather long podcast, but I think it summarizes what is going on in a very clear and concise way. It once again details an attempt to empower the Executive Branch and weaken the other co-equal branches of government.

3. Repealing A "Martial Law EZ Button" Law

http://www.podzinger.com/viewMedia.jsp?q=president+is+king&start=0&num=10&col=en-aud-pod_safe-ep&filter=1&e=4679490&scol=pod&il=en&sname=&mc=en-aud&index=1&seek=748.749

Here once again is the always entertaining Ed Schultz on a Congressman's attempt to appeal a law that makes it easier for the President to Federalize the Nation Gaurd. This is part and parcel of the growing power of the executive under the new "war on terror". While marital law is a power of the office, I just wanted to simply point out how a branches power can grow in increment's and creeps up on us when we are not watching.

4. "To the Point" On Judicial Activism

http://www.podzinger.com/viewMedia.jsp?q=judicial+activist&start=0&num=10&col=en-aud-pod_safe-ep&filter=1&e=4607294&scol=pod&il=en&sname=&mc=en-aud&index=1

Here is a short discussion of Judaical activism as it holds to Conservative Judges. It also ties Conservative "activist" judges to the Attorney Generals scandal.

Video

Here are some great videos touching on the topics at hand.

http://www.youtube.com/watch?v=Hb32s-R4Vo8



This video off of Youttube shows a frightening instance where Steven Bradbury states that under the Unitary Executive theory the "President is always right". Even though this is a pretty frightening statement, It basically boils down the Unitary Executive into its core belief.

2. Sandra Day O'Conner on Judicial Activism

http://www.youtube.com/watch?v=xVOI4Ffx-hg



This features former Supreme Court Justice Sandra Day O'Connor speaking on the topic of Judicial activism. According to her statement, she feels is is used as a way for lawmakers to trash Judges when they rule in a way that the lawmakers don't like. It is the other side of the argument about Judicial activism and is worth a look.

3. Rep. George Miller Rips Republicans

http://www.youtube.com/watch?v=qS1Wngbw8nI



In this great clip, Rep George Miller of California rips into Republican lawmakers who want a line item veto for President Bush. I love this clip because Miller points out that the congress would be willingly giving up power to another Branch. he also makes a very good point in stating that in the case of budgets and pork, should be able to police itself.

Blogs Blogs Blogs

Here are dome great Blog posts on the subject at hand. Follow the links and add more if you find any.

1. RICE REJECTS CONGRESSIONAL SUBPOENA

http://lanestudent.blogspot.com/2007/04/condi-rice-above-law.html

Here we have the Secretary of State refusing to answer a Congressional subpoena on the grounds that sh feels she already "answered the questions" in her confirmation. Once again we see that the Executive branch is assuming it is the highest power in the land. This blog goes to show that the danger in eroding the checks and balances in our government doesn't just happen when we pass laws, it also occurs when one branch fails to respect the authority of another.

2. The Line Item Veto Already Ruled Unconstitutional

http://www.dailykos.com/storyonly/2007/1/3/202933/4546

This blog from DailyKos.com once again states the reasons why the current President should not be calling for a line item veto. It also features another link to a great article on CNN's website detailing the history of the Line Item veto and the reasons Supreme Court shot it down.

3. Court Uphold Federal Abortion Ban

http://www.scotusblog.com/movabletype/archives/2007/04/court_rules_att.html

This blog from Supreme Court of the United States Blog (SCOTUS) lays out some people's fear that the recent ruling is an attempt by an imperial court to overturn Roe v. Wade despite that fact that most Americans support it. Here the fear of Judaical activism overruling our democratic system of checks and balances takes shape within the abortion debate.

4. The Attorney General Scandal: Much Ado About Politics

http://www.rollingstone.com/nationalaffairs/index.php/2007/04/01/the-attorney-general-scandal-much-ado-about-politics/

This blog from rolling stone magazine is a commentary on the recent scandal involving US Attorney General Alberto Gonzales. It has come to light that Gonzales fired several federal attorneys in the justice department for political reasons (mainley they wouldn't investigate Democrats).

I chose this article to point out that it isn't just the three branches of government that need to be separated, but several of the smaller ones as well. In this case the Justice Department is supposed to be neutral and non-political. The politicization of this office once again gives the Executive branch more power than it should have under the constitution.


5. Reform the Patriot Act Blog

http://blog.reformthepatriotact.org/

This blog is an entire blog devoted to the Patriot Act, mainly in an attempt to demonstrate that it needs to be repealed. The Patriot Act gives the government, exceptionally the Executive branch, a very large amount of power. It strenghtens the office with little or no checks and balances and leaves the Legislative and Judaical branches in the dark. Not only does it chip away at the separation of powers with in Government, but it also breaks down the walls that keep government out of our private lives.

5,000 Words

Here are some Photos/ Artworks as it relates to what I' talking about here. Enjoy, and leave some links if you find anymore.

1. Visual Representation of the Unitary Executive Theory

In this painting taken from the Online version of the American Prospect Magazine shows a large, looming White House and a tiny version of the Capitol Building in it's shadow.

This is a perfect representation of what the theory does to our Government. It shows that a Unitary Executive dominates over the Congress, essentially making a Representative Government null and void.

2. Line Item Veto Comic

This comic, taken from Humorlink.com, also presents us with the dangers of the Line Item Veto. Basically, it asserts the fact that the Line Item Veto could be used to negate other items besides "Pork" at the Executive's behest. This could infringe upon many of our basic rights if they pose a hassle to a powerful Executive Branch.

3. "Family Under the Gavel"

This picture shows a mother and her children under a judges gavel and is symbolic of fears (specifically in the Conservative community) that judicial activist are a threat to American families. This specific picture is in reference to the Courts upholding of the Roe v. Wade decision and the fear of the "imperial court" allowing Gay Marriage.

Whether or not the issues themselves are founded, the core issue (fear of the rule of Judges) is, I feel, presented well here.

4. "Nuclear Option" Comic

This comic from Stockcomics.com sheds some light on yet another "practice" that is weakening the powers of our Government. The Nuclear option is when the former Republican super majority in the Senate threaten to end a filibuster to secure an "up or down vote" on it's Supreme Court nominees. Although the option wasn't used (thus avoiding a Constitutional crisis) however, the option as a theory remain and could be used again by a majority on either side.

The danger here is that is in essence, shuts down debate in the Senate and cuts off the minority, thus creating a total dominance of the majority, which goes against the very concept of the Senate, and in a case where the Executive Branch is the same party as the Majority, then we have a very real breach of the separation of powers.

READINGS

Here's a few books and magazine articles. Just follow the links and they will take you right to the source.

1. "The Problem With Presidential Signing Statements" by John W. Dean

http://writ.news.findlaw.com/scripts/printer_friendly.pl?page=/dean/20060113.html

This article by former White House Counsel John W. Dean explore the abuse of Presidential signing statements, specifically by the current presidential administration. Presidential signing statements has allowed the current administration to essential sign a law, but uses the President own "interpretation" as a way to circumvent the core of the legislation.

By bypassing the intent of legislature, this allows the Executive Branch to essentially create Law, a function expressly given to the legislature in the Constitution.


2. "Clinton v. New York" Supreme Court Case (1998)

http://straylight.law.cornell.edu/supct/html/97-1374.ZS.html

This is the text of the Supreme Court case that struck down the Line Item Veto Act of 1996. Essentially, the Act allowed the President (Clinton at that time) to strike out certain parts of legislation from Congressional laws. Although meant to cut out "pork" from bills, it was decided (rightly) that in essence, gave the President the same power to make or change law as Congress.

Once again, this weakens one branch of government while giving more power to another. Why bring it up now? Despite the ruling by the highest court of the land, the current President continues to ask Congress to pass the Line Item Veto act once again.


3. "Coercing Virtue: The World Wide Rule of Judges" Robert Bork*

http://www.amazon.com/Coercing-Virtue-Worldwide-Rule-Judges/dp/0844741620/ref=sr_1_1/002-4176507-9853647?ie=UTF8&s=books&qid=1177951126&sr=8-1

This book, written by noted Arch- Conservative Robert Bork, points to the oft feared term "Judicial Activism". In essence this means that the American courts (specifically the Supreme Court) essentially create law by ruling based on the concept of "Judicial Review".

Some point to Roe v. Wade as a height of Judicial Activism, while other use Bush v. Gore as an example. Both sides of the aisle has professed a fear of an "imperial court" and the fear is justified. If the courts have the power to create law, then they become more powerful than both the Executive and Legislative branches. It is for this reason, if nothing else, that Bork's book is worth a look.

* A short note: Yes I know Bork is a QUACK and I am most definitely not a fan. However, his writing on this topic I fell is informed and because this fear is echoed by both Conservatives and Liberals; I feel that it is worth a read.

4. "The Unitary Executive" Jennifer Van Burgen

http://writ.news.findlaw.com/commentary/20060109_bergen.html

This article from FindLaw.com discusses the damage that the concept of a "Unitary Executive" can have on our Democratic system. The term, only recently coined, essentially lays out a concept where the Executive branch (i.e. the President) has most, if not all of the power as it relates to the other Branches of Government.

I won't belabor this point to much because it is obvious WHY this concept violates our separation of powers and is most definitely a serious breach of those barrier erected to protect the American people.

Welcome

Welcome to Broken Branches, a site which documents instances where the separation of powers laid out in the United States Constitution are being blurred or broken.

While some may argue that certain legislation is a result of a "living" and "flexible" constitution, there is still a CLEAR language that expressly keeps barriers between the branches of government. When these barriers are no longer able to function properly, the result may be the domination of one branch over another.

Here you will find various media which documents legislation, Executive Acts, and other actions that potential damage the separation of powers within the constitution.

Feel free to leave comments, links, and or anything else you think would be pertinent to the subject.