Dear reader,
I have chosen a few topics to discuss, but prior to discussing them I wish to set the stage for the remainder of this letter. Picture yourself as a citizen during the Civil War. Suddenly, you hear that your neighbor has been arrested and held without explanation or trial. This sounds like the actions of an oppressive regime led by a tyrant rather than a democracy founded on liberty and justice. Sadly, this happened when Abraham Lincoln suspended habeas corpus to silence dissent and maintain the stability of the Union. (10) Despite the extraordinary circumstances created by the Civil War, this action sparked many fierce debates about a balance between protecting a nation and protecting individual freedom. This tension came from the idea that, even with documents like the Constitution and the Bill of Rights, the abuse of power was still an ominous threat.
In the 238 years since the birth of the United States Constitution, the power granted to the government has been abused on countless occasions. I would like to address a few of those today. While the constitution and the Bill of Rights do attempt to fulfill the promises of the Declaration of Independence; however, the abuse of power is still a threat. For the majority of American History, we have succeeded, but there have been times when power has been abused, and numerous issues have arisen. Examples include the COVID-19 response, Franklin D. Roosevelt’s presidency and policies, and Donald Trump’s use of executive powers. Before examining these specific examples, we must define some key terms and determine the source of governmental power.
Often, we think the government is the source of its own power. This thought is due to the feeling that we have very little influence on what the government does. However, we do have influence. In fact, the government of the United States of America derives its power from us, the people. Abraham Lincoln, in the Gettysburg Address, said, “that government [is] of the people, by the people, for the people.” (1) Government is not the source of its own power; it derives its power from the consent of the governed. Thomas JeAerson once said, “When the people fear the government there is tyranny, when the government fears the people there is liberty.” (2) The Declaration of Independence makes it very clear that purpose of government is to protect our God-given rights. “That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.” (3)
We now know that governmental power comes from us, the people. We now must determine what constitutes the usurpation of power. The Constitution of the United States was established to put in place to prevent the abuse of power by government agents. It lays out checks and balances between the different branches of the government and establishes bonds on each specific branch. By studying its contents, we can determine what is an abuse of power by the government and what isn’t. I will point out a few specific checks, balances, and bonds that are relevant to the issues I wish to discuss.
First, the constitution states that “Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States.” (4) Second, in Article 2, Section 2 of the constitution a very specific list of presidential duties is laid out. The President has power to make treaties, with the consent of the senate, appoint officers of the United States and other public offices with the consent of Congress. The President also has the power to issue some executive orders, although this is not specifically outlined in the constitution. This is an issue I will spend a little more time on later in this discussion. Finally, the ninth amendment to the constitution states, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” (5) I will mainly be focusing on these three points made in the constitution. However, in order for a full and proper analysis to be made one must study the constitution and gain an understanding for themselves.
The first issue I wish to address is a recent event, one that I am sure is fresh on many of your minds. In 2020, the COVID-19 pandemic began, sparking intense debates of the government’s responses. The COVID-19 response raises important questions about governmental overreach. The American Rescue Plan, signed by President Joe Biden, was designed to alleviate the pains of the economic crisis that was caused by COVID-19 responses. Two previous rounds of economic impact payments had already been made. Each of these rounds of stimulus checks can be viewed as an overstep of governmental authority. It was created and passed in the correct avenues, beginning in the house of representatives and ending when President Biden signed it into law. It expanded unemployment insurance benefits, gave people “free” money, and expanded tax credits. (6) While at a surface level analysis, this appears justified and not a governmental overstep, we must remember that “Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises.” (4) It is not stated that congress shall have power to pay the American people in order to stimulate the economy. While this is a controversial topic, it is a governmental overstep for the above listed reason.
Another instance of an abuse of power by the government takes place in 1933, when Franklin D. Roosevelt was president. The New Deal was a series of programs, projects, and reforms enacted by Roosevelt attempting to curb the effects of the Great Depression. “Based on the assumption that the power of the federal government was needed to get the country out of the depression, the first days of Roosevelt’s administration saw the passage of banking reform laws, emergency relief programs, work relief programs, and agricultural programs.” (7) The New Deal set the precedence for the federal government to manipulate economic and social fairs of the nation. President Roosevelt used executive orders to create work relief programs, such as the Civilian Conservation Corps (CCC), the Federal Housing Administration (FHA), the National Industrial Recovery Act (NIRA), and others. Some of these were proved abuse of power in the Supreme Court, such as the NIRA. The Court ruled that the NIRA violated the Commerce Clause by granting the president power to regulate commerce, which is reserved for Congress. (4)(8)
Finally, we have a current event that is a prime example of governmental abuse of power. Since his swearing in as president, Donald Trump has issued upwards of eighty-nine executive orders. (9) Many of these executive orders are in court, being tried as to their constitutionality. The constitution does not grant the president direct legislative power. He is granted the power to request certain legislation to be made by congress, but he cannot create and pass legislation on his own. While executive orders aren’t directly legislation, they can create laws and policies that should be created by congress. Many of these executive orders are simply administrative, however, there is still cause for concern. Trump has signed numerous executive orders, leading some to argue that he is consolidating power at the expense of the legislative and judicial branch.
We have now discussed several different examples of the usurpation of power. We must remember that we still have constraints given by the Constitution and the Bill of Rights. As we remember that the power of the government comes from us, the people, we will begin to recognize ways we can impact the use and abuse of power. We have the opportunity to petition our leaders and elected officials, as well as the freedom to assemble, print, and speak out against the abuse of power. We must never forget what it means to be a true American. We have an inspiring heritage of brave American men and women behind us, and we cannot let that heritage end. Let us be the next generation to safeguard our constitutional rights and hold our leaders accountable. Only by remaining true to the founding principles can we safeguard our freedom for future generations.
Citation Index
1. Lincoln, Abraham. The Gettysburg Address. 1863. Constitution Center, www.constitutioncenter.org
2. “When Government Fears the People, There Is Liberty… (Spurious Quotation).” Thomas Jefferson’s Monticello, www.monticello.org
3. Declaration of Independence: A Transcription. National Archives, www.archives.gov
4. U.S. Constitution, Article 1, Section 8. Constitution Annotated, Congress.gov, Library of Congress, www.congress.gov
5. U.S. Constitution, Amendment 9. Constitution Annotated, Congress.gov, Library of Congress, www.congress.gov
6. American Rescue Plan Fact Sheet. The White House, www.whitehouse.gov
7. President Franklin Delano Roosevelt and the New Deal. Great Depression and World War II, 1929-1945, U.S. History Primary Source Timeline, Classroom Materials, Library of Congress, www.loc.gov
8. Schechter Poultry Corp. v. United States, 295 U.S. 495 (1935). Wex, Legal Information Institute, Cornell Law School, www.law.cornell.edu
9. Executive Orders. The American Presidency Project, www.presidency.ucsb.edu
10. Proclamation 113—Declaring Martial Law and a Further Suspension of the Writ of Habeas Corpus in Kentucky. The American Presidency Project, www.presidency.ucsb.edu
