The Danger of "Go It Alone"

There is no license in the Madisonian system to “go it alone.” Our country is sharply divided politically and that division is manifested (as it should be) in Congress. During times of division, less may get done. Both sides must either compromise or seek to change the balance of power in the next election. The assertion of executive prerogative to implement changes without Congress is tantamount to a pledge to govern alone.Such a dominant executive certainly promises to “get things done” but at a prohibitive cost. Those who remain silent today should consider that, in less than three years, a different president will sit in the Oval Office. That person could use the very same claims to suspend environmental or anti-discrimination laws. The short-term benefits of achieving such changes will pale in comparison to the long-term damage to our system from fueling the rise of an American über-presidency. The safeguard for our system remains our federal judiciary, but as discussed below, the courts have increasingly detached constitutional rights from judicial remedies.

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