by: Brent Smith at the Common Constitutionalist
Scroll Down for Audio Version (YouTube or SoundCloud)
One of greater problems that plague our federal government is that of cross-delegation. What do I mean by this?
I describe this phenomenon as such, owing to the fact that three branches of government are no longer “separate but equal.” As we see by the take-over of government by the federal judiciary, they are clearly the most powerful of the three. The other two branches, the legislative and executive, take to bended knee before them, and as blind mutes, comply with any and every decree. This was clearly not intended by the founders.
However, this cross-delegation can more accurately be described not as a seizing of power and authority of one branch from another, but as a voluntary giving of authority of one branch to another. The legislative branch, devoid of backbone, consistently surrenders its constitutionally mandated authority to the executive branch, giving the President authority he is not entitled to.