In a remark that might seem to sum up Congress’s current approach to its oversight role, Sen. Thom Tillis (R‑NC) acknowledged the other day that the Trump administration’s opening moves to cut spending and do away with agencies without congressional approval were in some cases not lawful, but said, “Nobody should bellyache about that.” In particular, he said, “That runs afoul of the Constitution in the strictest sense. But it’s not uncommon for presidents to flex a little bit on where they can spend and where they can stop spending.” (I briefly summarized the ongoing lawbreaking spree in this space on Monday, and further likely illegalities have come to light since then.)
One group of thinkers who were given to bellyache when officials acted in unconstitutional ways were the framers of the Constitution, who had in recent memory the “long train of abuses and usurpations” committed in the name of the British crown. To guard against a repeat, they provided in Article II, Section 1, that the president take the following oath: “I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.” In Article VI, along with declaring that the Constitution “shall be the supreme law of the land,” they provided that Sen. Tillis, along with all his legislative colleagues, “be bound by oath or affirmation to support this Constitution.”
A lot of good that seems to have done.
Read the rest here.
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