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.