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Feb 18 2011
The Constitution: Who is in charge? PDF E-mail
Written by Hillard Welch   
February 18, 2011

This series is written by a private citizen with an abiding interest in U.S. history and particularly its founding documents: the Declaration of Independence and the Constitution.

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The Constitution is fairly explicit in defining the responsibilities and duties of the three branches of government created by that document. So, let’s start with Congress.

Art. I, Sec. 1. “All legislative powers herein granted shall be vested in a Congress of the United States.

The Article then goes on to define the makeup of both the House and the Senate as well as the attributes each elected member must have (e.g., age, residency, etc.)

Sec. 8 very carefully defines the 17 specific powers granted to Congress, adding an 18th, “To make all laws which shall be necessary and proper for carrying into Execution the foregoing powers …”

The Bill of Rights states eight areas where Congress may not act.

Art. II, Sec. 1, 2 & 3. The Executive Power shall be vested in a President of the United States. Before entering on the execution of his office, he must swear or affirm that he will, “preserve, protect and defend the Constitution of the United States.” He shall be the commander-in-chief of the Army, Navy and Militia of the several states. He shall have Power, by and with the Advice and Consent of the Senate, to make treaties (2/3 of the senate must approve). He may fill vacancies by appointment during a senate recess; such appointments shall expire at the end of their next session. He shall also provide a “state of the union” report to Congress and can recommend for their consideration such Measures as he judges necessary and expedient. He may also convene both houses on extraordinary occasions. He shall “take care that the Laws be faithfully executed and shall Commission all the Officers of the United States.” There is no mention of Executive Orders!

Art. III, Sec. 1 The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. … In all Cases … in which a State shall be Party, the supreme Court shall have original Jurisdiction.

The separation of powers and delegation of responsibilities made each branch serve as a check on the transgression of the others. How far we have strayed from that noble concept. We find judges making laws as well as Presidents issuing executive orders that take on the force of law. We find departments within the government issuing regulations with the force of law but without Congressional approval.

John Adams said, “Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.” With the attacks on our religious foundations and liberal desire to remove God from all aspects of both the government and civilian life, the question must be asked: “are we no longer a moral and religious people?”

In the true sense of the Constitution, all acts should be consistent with the proscriptions of that document. Anything outside of that would be considered null and void since it would not be authorized.

Today we have a strong desire on the part of even Supreme Court justices to apply case law instead of constitutional law. In fact, it goes so far as to have some justices stating that the Court should take into consideration foreign law and standards rather than apply the restraint of the Constitution in deciding the outcome of a case. Case law uses precedent rather than principle for its foundation. Thus, if something was permitted in the past, whether right or wrong, it may be used in support of further deviation from the original intent of the Constitution.

What is the answer to who is in charge? Should the three branches stand by their responsibilities and no more? That’s my view; what’s yours? Reach me at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

©Copyright 2011 Hillard W. Welch


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