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President Trump’s Restoring Article 1 of the Constitution

us-constitutionThe left enjoys painting President Trump as a ruthless totalitarian, but when looking at his track record so far in office, it is clear he is anything but. For years, the executive branch has expanded their power into all areas of government, rather than just enforcement of legislation, the court has been weaponized as a legislator themselves, and the legislative branch has been able to scrape by without truly doing their jobs. President Trump’s actions have restored the balance and separation of powers that our founding father crafted.

Any 7th-grade civics student can explain that the legislative branch makes the law, the executive branch enforces the law, and the judicial branch interprets laws. However, under the Obama Administration, the executive branch expanded their control over nearly all aspects of government. Executive agencies took the role of lawmakers while Congress floundered.

One of President Trump’s first actions was to remove these burdensome regulations the executive branch imposed. With his January 30, 2017 executive order, Trump required that for every new regulation added, the respective executive department must identify at least two existing regulation to be repealed.

The Trump Administration has far exceeded this goal, now agencies have  22 deregulations for every one new regulatory action. This returns the authority for lawmaking back to Congress rather than executive agencies.

Congress has followed suit by using the Congressional Review Act to express disapproval of burdensome regulations imposed by executive agencies, leading to their rescission. The White House estimates federal agencies have achieved $8.1 billion in lifetime net regulatory cost savings due to the removal of these clear examples of executive overreach.

In the proposed omnibus bill for government funding, Congress has the continued opportunity to restore their Article 1 power of the purse. The bill introduced as H.R. 3354 includes defunds for Affirmatively Furthering Fair Housing and portions of the Endangered Species Act. These Obama era initiatives allowed executive agencies such as the Department of Housing and Urban Development and the Fish and Wildlife Service unprecedented control over local housing authority and lands, finally Republicans are taking control over rogue agencies.

President Trump has also identified the most egregious areas of executive overreach employed by the Obama Administration as opportunities to return responsibility to Congress.

Ultimately, it is the responsibility of Congress to engage in treaties with foreign countries, but the Obama Administration stripped them of this power by using waiver authority to relieve the country of sanctions in exchange for minimal reductions by Iran on their nuclear activity.

President Trump took immediate action to decertify this deal and return it to its proper authority- Congress. This January, Congress will have two deadlines within which they can decide to impose harsher sanctions or reimpose old sanctions on Iran. Whether or not this occurs remains controversial, but one cannot deny that whatever occurs will be well within the grounds of the Constitution rather than unnecessary executive authority.

Similarly, President Trump has thrown President Obama’s Deferred Action for Childhood Arrivals (DACA) back to Congress for proper Congressional approval if they deem it is warranted. DACA usurped the authority Congress has over immigration to grant amnesty for millions of children living illegally in the United States. The legislation faced legal challenges that would have inevitably ended the program due to its unconstitutional implementation. President Trump ended the program before the chaos in the courts, but gave Congress a window of time to consider its legitimacy and reinstate it if warranted.

Again, the result of this kickback to Congress might not be what all Republicans hope for, but it returns critical constitutional authority to the legislative branch that Obama stole.

Finally, the judiciary was also weaponized under previous administrations in order to become a legislative body as well.

Through sue and settle lawsuits, the Courts received unique opportunities to act as lawmakers rather than law clarifiers. Trump’s EPA director Scott Pruitt called this “regulation by litigation”, where consent decrees and settlement agreements, done within the courts to resolve lawsuits, became guidelines for action by regulatory agencies.

During the Obama Administration, the Sierra Club used this tactic as part of their “Beyond Coal” campaign, effectively allowed them to use litigation to force the closure of coal fired power plants.

Trump’s EPA became the first agency to issue an order to end these agreements.  As Pruitt explains, “We will no longer go behind closed doors and use consent decrees and settlement agreements to resolve lawsuits filed against the Agency by special interest groups where doing so would circumvent the regulatory process set forth by Congress. Additionally, gone are the days of routinely paying tens of thousands of dollars in attorney’s fees to these groups with which we swiftly settle.”

President Trump is far from a totalitarian, he has taken integral steps to revitalize the separation of powers outlined in our Constitution. Trump has restored critical powers to Congress and reigned in executive agencies. While decades of damage still pervert the balance of powers, the Trump Administration has taken great steps to restore Constitutional integrity.

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Jim S

Finally we have an elected politician who says what he means and means what he says. Keep up the great work, Mr. President.

BajaRon

We can argue about what Trump says and how he says it. But as a true Constitutional conservative. I am hard pressed to disagree with what Trump is actually accomplishing. 1 year is a very short time in which to turn the ship of state, even a few degrees. While it is true that Trump has not accomplished everything he said he would. The amount of resistance from both ‘Friend’ and Foe have been unprecedented. Trump has not won every battle. (Do you know anyone who has?) But the battles he has won are significant. And I don’t think you can say he has actually lost any battle yet. Even those agenda items he has not accomplished are still on the table, and he isn’t giving up. If nothing else. He has proven to be tenacious! What he is doing is putting his efforts where they will accomplish the most… Read more »

nancy schneider

I am so glad President Trump is in power. Hopefully he will be able to reverse the devastating policies of obama. God bless President Trump.

Seminole-X

Well, its been said… “Judge a person by his deeds and accomplishments”… And seeing just how much President Trump has accomplished in just one year in office?… He’s on track to be one of the greatest presidential leaders in the last 50 years!… Our borders are secure… The stock markets have broken records numerous times.. And major companies are bringing back the jobs to the American people!… The people voted for Trump.. Because they heard his message!.. And President Trump kept his word!.. And delivered!.. After 8 years of Obama and his broken promises?.. The American people realized that political parties ( mainly the Democrats) can’t be trusted!…

BajaRon

It is a wonderful thing to witness!

Hen3ry

Gee
If there was one who acted like a totalitarian and disregarded and violated the Constitution
It was
Mr I’ve got a Phone & a Pen
Executive Order at a Whim
Who said the Constitution was a document of Negative rights (only to Him and the rest of the leviathan)
Mr Constitutional law professor (?).
Barrack Hussein Obama

Mamaw5

This is exactly why America elected this non-politician! The Swamp is just beginning to empty! We must stay on top of and fully support President Trump as he goes forward in Making America her true Constitutional Republic Again!!

John+Degges

I hope these people who were employed unconstitutionally and now have no employment can find employment suitable to their abilities.

Thomas Haj

For all the spectacular good Trump has done, I still work and live among people who believe (and vote) everything the media tells them to. There’s talk that the media will bring out the left in record droves in ’18 and ’20 to undo the Trump agenda, with the future of our Supreme Court as its ultimate target! Unless someone can take the media back from the liberals, the Trump victory will be short lived (look at how their spin helped pick up that important Senate seat in Alabama). The war will ONLY be lost if the good people do nothing!

Martin+Steed

Is there anybody, anybody at all, that thinks ol’ Jeb would have done anything different than Obama. I certainly don’t. And Hillary? Wow. Just think folks; had Hillary won, we would not know ANY of the many examples of corruption being uncovered on nearly a daily basis by a few courageous investigative reporters. That’s how close we were to being taken over completely. God has once again saved our country, can we do no less?

JIM W.

I AM SURE THE LEFT AND THE FAKE MEDIA CAN FIND ALL KINDS OF “BAD” THINGS IN WHAT OUR PRESIDENT HAS DONE.

Kim

What we’ve needed for a long time and now have is a president with a backbone. Thank goodness.

Joseph Kieszniski

OUT STANDING

Burton Pauly

It is so nice to have a senseable President who has stopped the moves to a communistic type of gov. I say sic-em President Trump. There has always been too many lawyers in our gov. positions. It’s about time ordinary men are put into gov. offices . They would be better suited for the common man.

Wingleader

This is all well and good, however, the biggest attack on our country can’t be fixed. America’s wealth had been it’s biggest power as demonstrated by Reagan’s dismantling of the USSR. Our nation is about to lose it’s standing in the world due to the tremendous debt piled up by the Obama Socialist/Communist/Fascist/Democrats. China has now surpassed the U.S. Navy and Air Force and is now the most powerful on earth. They are now the richest nation on earth and they have stated they will soon become the World Bank by calling in America’s debt. At that point, it will take several years but America will be on it’s way to becoming a third world country. We transferred our wealth to China and Saudi Arabia by buying cheap Chinese goods and expensive OPEC oil. We ran off our manufacturing plants who had to move to China and India etc, due… Read more »

Alan Finley

This money (The government wastes our money). That same money should be given back to all the American citizens as a bonus every year. Question: Why does the government always give OUR money to other countries that hates us ?. YOU CAN NOT BUY FRIEND SHIP period. So take another look up at the top sentence again. Should we get a bonus or should the government keep giving our money to our enemies to use to kill us. I would like to know if any of this makes scene to us. Why are we always left behind. That money is our money it is not there money it is our money what part of that you don’t understand. Mr President see if you can retrieve some of our money that Osama wasted while he was in office.

john

right on .