Defending democracy is a nonpartisan responsibility

The current imbalance of power among the three branches of our federal government is a clear and present threat to our democracy.  Thus, we, the people, are obliged to speak out against it. 

Why does the U.S. have the form of government we’ve had since 1788?  Because the colonists rejected the idea that one man, King George III, should have the power to control everyone else and they worked to create a new form of government designed to balance the power of an executive leader (the President) with the power of representatives of the people (Congress) and the power of experts in the rule of law (the Judiciary).

On June 21, 1788, the 9^th of 13 states ratified the U.S. Constitution, making it the official governing document of our country. It was later ratified by the remaining four states.  Then, like now, there were serious debates over states-rights versus the power of the federal government, how congressional representation should be determined, and what rights the people should have.  As with all agreements crafted by multiple constituents with differing opinions, compromises were made, problems were pushed off, and the final document was not perfect.  But it was good…and it has withstood the test of time – so far. 

The three branches of our government were assigned different responsibilities and powers in the first three Articles of the Constitution. Article I lays out the powers of Congress (Senate and House of Representatives), which is responsible for passing laws, establishing agencies, and appropriating funds.  Article II states the Executive’s duty is to “preserve, protect and defend the Constitution of the United States” and to “take Care that the Laws be faithfully executed.” Article III established our Judiciary system, providing a third branch to balance the power of the first two and to determine the constitutionality of actions by the other two branches of government.

There is overwhelming evidence that recent actions by the President have exceeded the authority granted by the U.S. Constitution and that Congress and the Judiciary have, in some cases, failed in their duty to hold the Executive Branch accountable. To name just a few examples:

Funding Cuts: The U.S. Agency for International Development (USAID) was created as an independent entity by Congress and should not have been subject to decimation and defunding by an unelected “special government employee” working for the President.

Unlawful Detention:  Article 1, Section 9 of the Constitution explicitly requires that people be protected from arbitrary arrest and detention, but Congress has failed to act to protect this right as ICE agents under the direction of the President have not only forcibly abducted people but in many cases sent them to prisons outside of the country. When challenges to these actions were successful, the administration threated to suspend habeas corpus – a right so important that it is enshrined in our Constitution. Despite that, on June 23 the Supreme Court issued a decision (with no hearing or opinion) that allows, at least temporarily, the administration to deport migrants to countries other than their country of origin without due process.

Penalizing Opponents: Executive Orders suspending security clearances, terminating contracts, and calling for investigations of hiring practices of law firms that the President had disputes with are clear abuses of power that also signal a larger threat to free speech and civil liberties, despite the fact that our country’s founding values, as articulated in the Bill of Rights, focus on freedom to speak and to assemble peaceably.

Profiting from Federal Positions:  Preventing corruption is critical in a democracy and the Emoluments clauses in the US Constitution specifically prohibit federal office holders from profiting from their positions. When an office holder retains a financial interest in businesses that have dealings with foreign governments and powerful domestic companies, as the President has chosen to do, there is a serious risk of indirect payments buying influence over regulations, government investment, and the granting of contracts.  This in another area where the Judiciary and Congress have failed to live up to their responsibilities.  The Judiciary by dismissing cases that could have set a precedent and clarified the law and the Congress by failing to investigate potential violations.

The League of Women Voters is a nonpartisan, grassroots organization and does not support or oppose any political party or candidate running for public office. The League’s advocacy work is based on issues, not on individuals. However, when elected officials, regardless of their party affiliation, fail to fulfill their responsibilities under the Constitution or the laws of their State or Municipality, we are committed to holding them accountable.

We believe that democracy is worth defending, that the imbalance of power among the three branches of government today puts democracy at risk, and that it is our duty to speak up and urge all citizens to contact their federal Legislators and demand that they act now to uphold the U.S. Constitution and to protect the freedoms enshrined in our founding documents.

Lynda St. Clair is a member of the League of Women Voters of Southern New Mexico. She  earned a PhD from the University of Michigan and taught management and leadership courses for 15 years at Bryant University in Rhode Island before retiring to Las Cruces. She loves libraries, learning, and liberty.