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Is Trump Restoring Separation of Powers?
National Review ^ | November 20, 2017 | Josh Blackman

Posted on 11/26/2017 12:00:54 PM PST by EveningStar

Our Constitution carefully separates the legislative, executive, and judicial powers into three separate branches of government: Congress enacts laws, which the president enforces and the courts review. However, when all of these powers are accumulated “in the same hands,” James Madison warned in Federalist No. 47, the government “may justly be pronounced the very definition of tyranny.” The rise of the administrative state over the last century has pushed us closer and closer to the brink. Today, Congress enacts vague laws, the executive branch aggrandizes unbounded discretion, and the courts defer to those dictates. For decades, presidents of both parties have celebrated this ongoing distortion of our constitutional order because it promotes their agenda. The Trump administration, however, is poised to disrupt this status quo.

In a series of significant speeches at the Federalist Society’s national convention, the president’s lawyers have begun to articulate a framework for restoring the separation of powers: First, Congress should cease delegating its legislative power to the executive branch; second, the executive branch will stop using informal “guidance documents” that deprive people of the due process of law without fair notice; and third, courts should stop rubber-stamping diktats that lack the force of law.

(Excerpt) Read more at nationalreview.com ...


TOPICS: Constitution/Conservatism; Editorial; Front Page News; Government; News/Current Events; Politics/Elections
KEYWORDS: constitution; federalistsociety; fourth100days; joshblackman; nationalreview; nationalreviewsucks; restoration; separationofpowers; trump; trump45; trumpwinsagain
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1 posted on 11/26/2017 12:00:54 PM PST by EveningStar
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To: EveningStar

Constitutional restoration bump!


2 posted on 11/26/2017 12:09:37 PM PST by Jim Robinson (Resistance to tyrants is obedience to God!)
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To: EveningStar

From your keyboard straight to God’s inbox...


3 posted on 11/26/2017 12:09:41 PM PST by heterosupremacist (Domine Iesu Christe, Filius Dei, miserere me peccatorem!)
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To: EveningStar

Congress finally asserted itself after Obama left.


4 posted on 11/26/2017 12:13:17 PM PST by Golden Eagle (Donald Trump: "People will die because of the Russia investigation, and it's a pure hit job")
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To: EveningStar

“First, Congress should cease delegating its legislative power to the executive branch”

Congress doesn’t even write the laws it passes in its own name. It has ceded its powers to special interests and the courts...Which is why congressmen have so much time for sexual harassment and diddling kids


5 posted on 11/26/2017 12:15:14 PM PST by Electric Graffiti (Obama voters killed America...Treat them accordingly.)
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To: EveningStar

National Review wakes up??


6 posted on 11/26/2017 12:16:03 PM PST by A_perfect_lady
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To: Jim Robinson; EveningStar

It’s going to be a real rough road with lots of piles of Democrat in the way.


7 posted on 11/26/2017 12:16:42 PM PST by rockinqsranch (Dems, Libs, Socialists Call 'em what you will, they all have fairies livin' in their trees.)
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To: EveningStar

Josh Blackman spends a lot of time lauding what is going on here, specifically explaining step by step why these things are so good.

By the end, you’d expect him to laud Trump too, without whom none of this would have happened. Imagine Hillary in the Oval office. Shudder to think of the difference. All these things would be headed in the exact opposite direction.

But no, Blackman trashes Trump based on his use of Twitter.

If ignorance is truly bliss, this guy should be happy as can be, and real proud of himself.

President Trump is putting the lie to all the things said about him and his “dangerous” incompetence.

He’s excellent for the economy. He’s excellent for the rule of law. He’s excellent when it comes to Constitutional matters. He’s excellent when it comes to separation of powers. He’s proven himself to be excellent on foreign policy to this point.

The man gets it better than any president in the last 150 years.

Now,... back to blasting him for his use of Twitter!

This Josh Blackman, being smart enough to recognize a massive sea change headed in the right direction, he can’t muster the courage to give credit where credit is due.

Nope, gotta trash Trump because this all is supposedly happening by accident.

Blackman, you ignorant slut!


8 posted on 11/26/2017 12:25:21 PM PST by DoughtyOne (McConnell / Ryan: Why pass Cons legislation when we can pass Leftist legislation for Leftists?)
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To: EveningStar

Congress and the Judiciary just let Barack Obama run amok about 95% of the time.

They didn’t have the guts or desire to honor the constitution if it meant opposing the Obamatollah.

The Judiciary too?

Yes.

Remember Justice Roberts declaring that the fee defined in the Obamacare law was really a tax so he could declare the law constitutional?


9 posted on 11/26/2017 12:35:19 PM PST by Vlad The Inhaler (United We Stand - Divided We Fall. Remember: Diversity is the opposite of unity.)
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To: DoughtyOne

That’s the real thing isn’t it. If the criminal hag had won; the country would have continued to spiral down until the last flush wasn’t even heard.

With Trump we have the right people in charge of restoring what this country was designed to run on. The left always thinks it can improve on our US Constitution by finding loopholes in it to push their narrative, meme’s, and Marxist agenda.

As usual; the left is wrong, wrong, wrong.

I’m concerned about one of his picks though. The female for DHS sec. She is pro-DACA. That is NOT someone we want in charge of protecting our borders and homeland. She needs to be replaced ASAP. I can’t believe Trump or one of his staff made this fatal error in judgment.


10 posted on 11/26/2017 12:45:36 PM PST by Boomer (TisOK2BWhite)
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To: DoughtyOne

I thought it was an excellent article and out of its entirety there was what a singular paragraph critical of the President where the remainder lauded him?

One that is critical of actions or policy does not make he/she anti anything. I’d much rather have a constitutionalist (as is evidenced with this author) critical of something (rightly so) than a consummate yes man. Otherwise just equip him with Pom poms and line him up with the litany of other clapping seals awaiting their fish.

This was an excellent article


11 posted on 11/26/2017 12:56:32 PM PST by Jarhead9297
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To: Boomer

Let me run this by you.

We are used to guys like George Bush putting people in who more or less seemed to go their own way. Obama, Clinton, they all seemed to put bad people in and sure enough things went South.

With Trump I see it differently.

Trump is a true administrator. He pulls in people with the proven ability to lead. That’s all he uses them for, an administrative tool.

As the CEO of the Trump organization, I’m sure he hired folks who hadn’t used this techniques prior to the hire. Yet once they worked for him, he directed them to operate by his standards using his core tried and true tactics. This worked for him, and his organization flourished.

That is how Trump leads. If you keep that in mind, it doesn’t matter if he has Ivanka, Jared, or someone with a previously flawed view running departments. She either implements Trump’s policies, or she’ll be replaced. It’s that simple.

We have to get over the idea that Trump is a Clinton, Bush, or Obama style of leader. He’s light years beyond their abilities.

He spent 50 plus years of his life as either a CEO apprentice, or a CEO.

He’s writing the book on leadership from the Oval Office.


12 posted on 11/26/2017 12:56:44 PM PST by DoughtyOne (McConnell / Ryan: Why pass Cons legislation when we can pass Leftist legislation for Leftists?)
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To: Jarhead9297

Sorry, when the guy start trashing Trump based on Twitter, he becomes a twit.

It was him trying to toss a bone to this class or some such.

This guy could have spend two or three paragraphs just praising Trump for what HE is accomplishing.

Instead he relegated it to one paragraph, and actually had the juvenile intellect there to trash him based on his Twitter utilization.

What a moral midget.


13 posted on 11/26/2017 1:12:46 PM PST by DoughtyOne (McConnell / Ryan: Why pass Cons legislation when we can pass Leftist legislation for Leftists?)
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To: Jarhead9297
In my first response, I didn't touch on why my take was as negative as it was.  I wanted to address the issues I spotted, and this accomplishes that.

(1)
I still harbor deep concerns about the rule of law in America today. As reflected solely by President Trump’s Twitter feed, I worry about his inappropriate attacks on the judiciary, calls for the prosecution of his political opponents, taunts of foreign dictators, delegitimization of the press, and failure to address sexual and other improprieties in his own party, (2) to say nothing of our stark policy differences.

(3) With respect to the separation of powers, however, if the Trump administration actually follows through on its promises concerning delegation, due process, and deference, there will be a sea change in how the administrative state functions. Indeed, each of these actions will, ironically enough, weaken the executive and restore the separation of powers in the long run. That alone would be a remarkable disruption of the status quo.

(4) Josh Blackman is a constitutional-law professor at the South Texas College of Law in Houston, an adjunct scholar at the Cato Institute, and the author of Unraveled: Obamacare, Religious Liberty, and Executive Power.


(1)  Despite what Blackman is about to write, he states his deep concern for the rule of law.  To me that seems misguided.  He is about to explain why Trump policy stands to roll back many decades of ill fated drift, and then before doing that, says he is worried about the rule of law.  He admits policies under Trump are headed in the right direction by leaps and bounds.  None the less he's worried.  Why?  I have to say this is very unfair to Trump.  It doesn't give him any credit.  It's just an insult.  Why his Twitter activities cast all this in doubt for me...  (paraphrased, good grief)

(2)  Telegraphed... we now understand why Blackman is so reluctant to give Trump the credit he is due.  "...stark policy differences..."

(3)  Note the observation about the "sea change" here.  Note how it is the Trump Administration that is lined up for credit here.  It isn't lined up for Trump, because it's totally unacceptable to someone on the left, to credit Donald Trump for any political action.


(4)  Josh Blackman is Constitutional-law professor.  Thus I made a comment about tossing a bone to those who are taking his classes.  Mustn't be seen as building up Trump here.

This final paragraph where Blackman provides his summation, is devoid of kudos for Trump.  It's as if all the good things covered in this article, are happening by accident due to the people Trump appointed, rather than because of him.  (One almost hears a small voice saying, "Because we all know Trump is too stupid to have micro-managed any of this on his own.")  Wrong!

So I called Blackman on this.




14 posted on 11/26/2017 1:49:08 PM PST by DoughtyOne (McConnell / Ryan: Why pass Cons legislation when we can pass Leftist legislation for Leftists?)
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To: DoughtyOne

Oh no I certainly got it and you provided an excellent summation. I can certainly see why you see it this way. You receive no objection from me on the way you perceived his writing. I can certainly see see it through your eyes and take no issue with it


15 posted on 11/26/2017 1:57:34 PM PST by Jarhead9297
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To: DoughtyOne

Put like that; I can see why he should be given the benefit of the doubt on anyone he hires/nominates.


16 posted on 11/26/2017 2:00:05 PM PST by Boomer (TisOK2BWhite)
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To: Jarhead9297

Thanks Jarhead 9297. I probably should have put a disclaimer in the second post. I wasn’t trying to pile on. I had hoped my comments were reasoned and non-confrontational.

I appreciate the nice reply.

Take care.


17 posted on 11/26/2017 2:03:20 PM PST by DoughtyOne (McConnell / Ryan: Why pass Cons legislation when we can pass Leftist legislation for Leftists?)
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To: Boomer

Until they prove this concept wrong, I agree.

It’s not Carte Blanche if you catch my drift.

If they go South, he needs to reign them in quickly.

I think it’s reasoned to adopt a wait and see attitude.

I appreciate the nice response.


18 posted on 11/26/2017 2:06:03 PM PST by DoughtyOne (McConnell / Ryan: Why pass Cons legislation when we can pass Leftist legislation for Leftists?)
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To: Jarhead9297

<>This was an excellent article<>

Yes, it was, yet while the author criticized the awful and unconstitutional fourth branch of government, he missed the fifth.

In the fifth branch, which is the second branch of tyranny, agencies are funded outside of appropriations, and congress has no oversight. Like despotic monarchs, these abdicating rulers get to name their successors. Just ask Richard Cordray, whose replacement, by law, will assume office tomorrow.

The tyranny isn’t on the horizon; it is here today.


19 posted on 11/26/2017 2:24:50 PM PST by Jacquerie (ArticleVBlog.com)
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To: EveningStar

“and the courts defer to those dictates.”

Except when they either completely ignore the lawful and appropriate actions that the Executive orders to enforce the (existing and clearly defined laws, s.g. immigration) _OR_ just pull new law out of their asses and legislate from the bench.


20 posted on 11/26/2017 3:23:52 PM PST by RedStateRocker (Nuke Mecca)
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