Not the President

Although I am more apt in conversation to point my “boney finger of indignation” at the president and I would have to say with much warrant. I think that he is only as responsible for all of our woes as the other branches are irresponsible in their duties which they have sworn to uphold and in my opinion they are derelict. The president with the help of his cabinet may have the most power which is vested in a single person, but he also is given some serious limitations.

The president is limited by his term limits and may only hold his office for two four year terms. The president is limited by law and can be removed from office for any (read that even misdemeanor” infraction of the law. Another limit that the president has is that the president cannot make laws but can only issue executive orders which are pursuant to an already created law.

If the president cannot make law and is under the laws of the land, then he can only act in a way that the law gives him authority. The next questions are if he president is acting lawfully and where is the ultimate blame for our current situation in Iraq, if it isn’t the President at blame that leaves the Federal Judicial System or the Congress.

The Supreme Court can declare legislation and executive actions as unconstitutional although the Supreme Court can only rule where there has been cases brought before them by parties with a standing concern. The Supreme Court which represents the Judicial Branch of government is appointed to a lifelong station. The Supreme Court rules over the enforcement of law and can in certain situations even undo lower court rulings that lead the establishment of law in the wrong direction.

An example of the Judicial branch of Government having an opportunity to effect the law of the land is when the “President’s” Patriot Act (which is actually an act of congress) was challenged in court the Supreme Court did in some instances, curtailed its infringement of our civil liberties. But the Judicial Branch is still limited in many ways and does not have the authority to interfere in the actions of the president in his role of Commander and Chief.

Although the president has the authority as Commander and Chief to respond to acts of war it is unequivocally Congress which has the power to declare war. Congress has given the president via the War Powers Act of 1973 some latitude to initiate military action, the President can deploy troops into conflict abroad only by authorization of Congress or if the United States is under attack or at least under some serious threat of attack by some foreign power. The War Powers Act of 1973 requires that the president consults with and reports to Congress within 48 hours of committing troops to military conflict and requires authorization of congress and a declaration of war if troops are remaining for more than 60 days. (The War Powers Act of 1973)

The branch of the government which is most powerful and therefore most responsible is the congress. Congress in an effort not to hinder the president from being able to respond to an emergency has given the president the power to commit our troupes to the battle field but it has done so with reservations which make it nearly impossible to commit them for a prolonged period of time. Within 48 hours it is necessary that the president inform the congress and then it is up to the congress to declare war in order for the troupes to remain beyond 60 days. Bush may have misrepresented the weapons of mass destruction but this doesn’t get Congress of the hook. As important as the need for congressional approval is the fact that Congress holds the purse strings. Congress can simply withhold the billions of dollars necessary to fund the war. Congress also has the responsibility of checking facts and could hold hearing to get at the truth of what is going on.

It shouldn’t be forgotten the congress has the ability to remove the president from office if they don’t believe him to be acting lawfully.

Congress has the true strength because they are a unified body each tied to the grass roots level citizenry which gives them there authority. Every two years they are voted on, but the majority returns to continue their work in deriving our law and funding our various endeavors. They confirm appointments to the bench and are in the position to assure that the president is operating under the law.

So the bottom line is who voted to send our troupes overseas and have since poured $500 billion dollars after them in an attempt to turn a dictator lead country into a democratic state? The $500 billion dollars which has poured into the Iraq war effort was not in the Presidents’ discretionary funds (bottom right hand drawer) but was money which required Congressional budget approval. Which is to say that there is blame to go around that neither Congress nor the Judicial Branch of the Government is in a position of impunity when it comes to our current state of affairs.

Works Cited

"The War Powers Act of 1973." The Center for Regulatory Effectiveness. November 7, 1973. The Center for Regulatory Effectiveness. 5 Jul 2008 .