Major League Baseball (MLB) recently announced some changes to the Rules of Baseball. Setting aside for the moment the particular details of the changes, or the wisdom of making them, I’d like to take this opportunity to remind people of how the process they went through is a valuable demonstration of how separation of powers should work in government.
Articles tagged as
Separation of Powers
DISQUS Doodlings: No, Lloyd, SCOTUS Didn’t Limit the EPA Powers; Congress Never Gave It That Power to Begin With! Part 1
by Skip
The absolute beserk attitudes of the Greenies continues as the SCOTUS decision concerning the EPA’s capability to regulate CO2 emissions from power plants is still reverberating (along with Dobbs (abortion back to the States), NYC (Second Amendment / Conceal Carry), and First Amendment (Religious Liberty for a football coach and religious school student vouchers)). This … Read more
The Great Divide on Article V
by Op-Ed
Article V empowers states to limit the federal government and is the megaphone for the peoples’ voice. This is part three of a how-to manual on limiting the federal government, skipping congress, and going straight to the Constitution.
Some Clarity About Vagueness
Should it become interested in doing so, here’s a way for the legislature to start taking back some of the power that it’s allowed the judiciary to siphon from it over the centuries.
Chris Sununu Has Created Two Major Problems for Himself.
by Op-Ed
Chris Sununu has created two major problems for himself. He has created a Constitutional Crisis, as the people of New Hampshire no longer trust him. They have declared that they no longer have any obligations to live under an unconstitutional form of government currently being forced on the good people of the State of New Hampshire.
Structure of Liz Warren’s Consumer Financial Protection Bureau (CFPB) Ruled Unconstitutional
The Obama Era Liz Warren-Crafted Consumer Financial Protection Bureau just hit a big Supreme Court bump. “We hold that the CFPB’s leadership by a single individual removable only for inefficiency, neglect, or malfeasance violates the separation of powers.”
How Low Can Danny Go? … Feltes Tramples the Constitution in Order to Reinstitute Voter-Fraud
by Ed Mosca
Steve already posted about this HERE. But I have a few things I want to say about it, so better late than never. The most important aspect of our system of government in terms of keeping government in check and thereby keeping us free is the separation of powers. The framers of our State and … Read more
What’s New in the Impeachment Procedures
Much of the attention on House Resolution 660 to advance the impeachment of the President has failed to note the significant differences from resolutions authorizing previous presidential impeachments. Previous resolutions authorized those impeachment inquiries at the outset.
Tyranny Comes From Accumulation of Power
“The accumulation of all powers, legislative, executive, and judiciary, in the same hands… may justly be pronounced the very definition of tyranny.” – James Madison, Federalist 47 Tyranny comes from accumulation of power in one branch of government. Growth Madison today would be horrified that the administrative state has added both legislative and judicial powers to … Read more
Separation of Powers… Required but Denied… Gundy v. U.S. …
The framers of the Constitution knew the job of keeping the legislative power confined was tricky. They understood doing so is key to the nation remaining a representative republic. The power of the legislative branch couldn’t be trusted to self-policing by Congress. Separation of powers… Often enough, legislators face rational incentives to pass problems to … Read more
Gundy v. U.S. … Separation of Powers… Required but Denied
The framers of the Constitution knew the job of keeping the legislative power confined was tricky. They understood doing so is key to the nation remaining a representative republic. The power of the legislative branch couldn’t be trusted to self-policing by Congress. Separation of Powers… Often enough, legislators face rational incentives to pass problems to … Read more
‘Not Our Job to Allocate Political Power’ – SCOTUS Won’t Intervene in Gerrymandering
US Courts mess with political power daily, so this is probably little more than a hiccup. But the US Supreme court just said it wouldn’t interfere in State level issues with gerrymandered districts. At least for today, this is not their job.
Do District Court Judges Have More Power Than The Chief Justice and Maybe the President?
AG William Barr gave a brilliant speech a few days ago that should be on everyone’s mind. Why? He elucidates the problem of separation of powers and modern judicial overreach.
603 Summit: Dan Itse
by Skip
Dan Itse is a former long time NH State Representative and recognized as an expert on our Constitutions (both NH and US) (and a Grokster!) and was representing the Madison Project. He concentrates on a new (but well over due and in line with the REINS Act) in talking about The Regulation Freedom Amendment to … Read more
Federalist 49 & 51
From 49th Federalist Here are a couple of samples from The Federalist Papers that may serve to raise your interest and encourage you to read them. My favorite Federalist writer was James Madison. The first selection is from 49th Federalist, in which Madison writes about the separation of powers. He explains why you have to … Read more
Something Steve’s Post on the Florida Supreme Court’s Recent Education Funding Decision Made Me Think Of …
by Ed Mosca
Steve MacDonald recently posted Florida Court Invokes Separation of Powers in Refusal To Play ‘Adequacy’ Game in Public Education on Granite Grok. You should read it. You should also read the decision. As a parenthetical note, the Florida constitution -before the amendment in issue in the decision- actually contained the word “adequate”: Prior to 1998, article … Read more
Separation From Power
Kathy Sullivan used her scheduled rant in the Union leader this week to warn us about the Republican controlled NH House and its anticipated legislative agenda. The serpentine theme manufactured to tie her fear-mongering together is a sudden (and I’ll admit unexpected) adoration for the concept of "Separation of Powers." This is the idea that by dividing authority the vessels of power would jealously guard each of their own and in the process prevent the others from advancing tyranny.
So I guess the Union Leader does publish left wing fantasy fiction in the opinion section. It’s almost like a riddle. "If an avid pro government socialist democrat pretends to be concerned with the abuse of government power what does it mean?"
"It means they are not the ones in power."
A Real Separation Of Powers
Separation of powers is something of a throw-away phrase for the Socialist-Democrat-Progressives. They hand it out like a comfort object to the public, a sort of well-worn teddy bear for the masses. It is meant to remind you that no matter what they do (or did) that bear will be there to help you feel better.
So what if it is a highly regulated bear, made by dues paying union workers, stuffed with warning labels, wearing a little red hat with a hammer and sickle on it, and maybe even an Obama T-shirt for good measure.
Separation of powers is also this idea where the three branches are divided to ensure that the tyrannical might of the federal government is divided to protect the rights of the people. This used to work, right up until someone wrote the seventeenth amendment, and then politicized the national court system. At that point we no longer had separation of powers just the separation of parties, except where the two parties agree; in which case we are looking at an Oligarchy by direct democracy, which is one of the shortest paths by which little Red Totalitarian-Riding hood arrives at Comrade Grandma’s house.
Why do you think both parties appear to be moving to opposite extreme’s? Why are states rebelling against the federal government? Because the system was broken on purpose, by progressives, who need direct democracy so that fear and intimidation can drive the polity to allow top down federal rule as the only viable solution.
So our central planning friends view separation of powers to mean separating you from their power, so they can go about the business of managing your lives, and no one has worked harder or longer to excise the power from the people than democrats, though the ruling class Neo-Cons have done plenty to help fill the picnic basket for grandma.
But there is a solution to this problem, one that can relieve the pressure of special interests, the boys club mentality, and the lack of responsiveness by the federal legislature to the state and the people.