Today, the federal government has acquired an all but unquestioned dominance over virtually every area of American life. It acts without constitutional limits and increasingly regulates our most basic activities, from how much water is in our toilets to what kind of light bulbs we can buy.
So while we face many challenges, the most difficult task ahead—and the most important—is to restore constitutional limits on government. Forty visionaries signed a piece of paper 225 years ago today that became one of the most vital documents in the world: the U.S. Constitution.
By design, it limited the power of government under the rule of law, created a vigorous framework that expanded economic opportunity, protected national independence and secured liberty and justice for all. But how is that limitation of powers working today?
The Judicial Branch. The rise of unlimited government is most familiar and most prominent in the form of judicial activism. The Founders called the judiciary the “least dangerous branch,” but progressive judges have usurped the functions of the other two branches and transformed the courts into policymaking bodies with wide-ranging power. We need judges who take the Constitution seriously and follow it faithfully.
The Legislative Branch. For its part, Congress has long legislated without regard to limits on its powers. As a result, decisions that were previously the constitutional responsibility of elected legislators are delegated to executive branch administrators. Congress is increasingly an administrative body overseeing a vast array of bureaucratic policymakers and rule-making bodies. Congress should stop delegating to bureaucrats and actively take responsibility for all the laws (and regulations) that govern us.
The Executive Branch. Meanwhile, the President has unique and powerful responsibilities in our constitutional system as chief executive officer, head of state, and commander in chief. But the idea that the president— who is charged with the execution of the laws—doesn’t have to wait for the lawmaking branch to make, amend, or abolish laws, but can and should act on his own is toxic to the rule of law. It violates the spirit, and potentially the letter, of the Constitution’s separation of the legislative and executive powers of Congress and the President.
