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Top Comments" Why Congress is "The Most Co-Equal Branch" of Government Edition [1]
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Date: 2025-02-25
For my entire life I have heard the phrase “the US government is made up of three co-equal branches.” I am here to argue that isn’t actually true unless you mean they are co-equal the same way the animals in George Orwell’s Animal Farm are all equal, e.g.: some are more equal than others.
I am not here to argue about the racism and misogyny rampant in the US Constitution, but the Framers of the document created an interesting and complex system that when done correctly is actually a pretty decent form of government. In fact, I would argue there are only two really dumb ideas within the mechanics of the government as written in the Constitution. One is the Electoral College. It is incredibly idiotic to not let the people themselves choose their president via who gets the most votes. Even during the arguments over the how to elect the president, the idea wasn’t particularly popular. Unfortunately the fragile compromises already put into the document and the fact that some delegates, including James Madison, were worried about allowing the people to have too much democracy. (See no popular elections for Senators until the 18th Amendment was ratified fixing that particular issue.) The other, of course, is having an equal number of Senators for each state. This is one area where the Framers did not consider what the future might hold as the population of country would increase and the increase might become more uneven which it has.
Reading the Constitution carefully, you will realize there is a reason why the first three Articles are in the order they are. Article I being Congress; Article II being the Executive (President); and Article III being the Judiciary. This is because the order denotes the Framers idea of which branches are more powerful than the others even with the checks and balances that were built into the document, It is therefore clear the Framers had envisioned the Congress being the most powerful branch of government with the Judiciary as the least powerful. That is until Marbury v. Madison when John Marshall created the ability for the Supreme Court to essentially declare valid Congressionally passed and Presidential signed laws null and void. While there was a big blowback to the outcome of this case including from then-President Jefferson, Congress never tried to amend the Constitution nor did Jefferson push them to do so, to overrule this blatant power grab.
Anyway, when you read the Constitution as written, you can clearly see how the Congress is the powerful branch of government. Congress has the ability to override almost everything the other two branches of government does.
Congress is supposed to declare war and authorize military actions.
Congress can override presidential vetoes forcing bills to become laws.
The Senate can deny conformation of any and all of the President’s nominees to various federal offices and judges.
The Senate can also choose to deny ratification of treaties negotiated by the President.
The House can impeach and the Senate can remove any Senate confirmed employee of the executive branch including both the President and Vice President.
Congress has the ability, with very few limitations, to decide how the Judiciary is set up along with which laws and cases the courts are allowed to review. Plus, Congress can, through laws, decide how cases are adjudicated (e.g., minimum penalties, maximum penalties, rules of evidence, etc.)
Finally, Congress can, along with the States, pass a Constitutional amendment overruling the Supreme Court’s decisions.
If Congress exercises these most powerful of its powers, along with how money is to be spent, there is little the other branches can do to overcome it. What has happened over the last 70+ years is Congress has declined to use its powers to their fullest extent when available to them. This is for a myriad of reasons. Some self-inflicting like the Senate filibuster; others because they are too feaful to buck their party and voters. This is what Washington warned of in his Farewell Address in 1797, that factionalism of political parties would rendered the government incapable of meeting the moment when a dictator might arise. Look where we are now.
Congress could take back its power and nullify the unitary executive nonsense now arising thanks to the Fascist Felon and reign in the all-too powerful Supreme Court by either passing laws or more helpfully by impeaching and removing the undemocratic people occupying these offices. It’s clear the GQP won’t but it is also clear the Democrats writ large won’t either. Maybe if the Dems take back the House in two years, they will meet the moment. I won’t hold my breath.
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Top Comments for 2/25, 2025
From ZenTrainer:
RickBoston in last night's this tidbit from his list of 5 things done: Fromin last night's Top Comments was this tidbit from his list of 5 things done: "3. Toured the Tennessee Capitol this morning. When the guide explained the voting buttons, he asked if we knew what the white button was for (nothing). When he paused for an answer, I offered the guess "summon the Klan?"" Comments: Top Comments: My Five Things Edition And this one from Tara the Antisocial Social Worker, in the same diary: Comments: Top Comments: My Five Things Edition
But the whole diary is worth a look, very funny!!
From our fearless leader, brillig:
In my Top Comments diary last night, many people shared their Five Things list. Some were hilarious song lists, others more serious action lists. My nom goes to Kallahan for their sharing a Republican friend's list. Well worth a read as it's the little bit of hope I needed this moment.
TOP MOJO 2/24, 2025
First comments and tip jars excluded. Thank you mik for the mojo magic! For those of you interested in How Top Mojo Works, please see his diary on FAQing Top Mojo.
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