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| White House ©Zack Frank/ shutterstock.co 1 |
The
presidency of the United
States has a surprisingly undemocratic selection process. In my previous
article on American democracy, I pointed out that the president is not elected
by popular vote, but by the electoral college and how, over time, the
presidential election process has become corrupt.
America’s
founding fathers feared the evolution of the presidency into an imperial
office. In fact, that fear was the driving force behind the separation of
powers into three distinct branches of government: the executive, the
legislative, and the judiciary.
We
traditionally call this the “checks
and balances” system. Each branch of government can challenge the actions
of another branch. For example, the judiciary has the power to overturn
unconstitutional laws drafted by the legislature or overrule acts contravening
the law by the executive. This can happen both at the state and the federal
levels.
In
Washington, the president can veto legislation proposed by the Congress. At the
same time, the Congress has the power to override presidential vetoes and
confirm or reject presidential nominations. At first sight, the checks and
balances system appears to be an effective way to maintain democracy. However,
the system doesn’t always work out the way it was originally intended. In
recent years, it has led to partisan division and logjam.
The Most Powerful Man in the World
Despite the
fact that they are not exactly elected directly by the people, US presidents
have the power to make critical decisions via executive
orders. On August 24, 2022, President Joe Biden signed an executive
order “to cancel $10,000 of student debt for low- to middle-income
borrowers.” This cost of Biden’s plan is
estimated
to be $400 billion for US taxpayers.
Executive
orders are sometimes called “instant laws.” They do not need Congressional
approval. The Supreme Court has the power to overturn them if they are found
unconstitutional. However, this is a high bar and presidents have been usurping
the power of Congress.
During his
time in the White House, Franklin D. Roosevelt issued a record
number of 3,721 executive orders. Only five of them were overturned by the
Supreme Court. More recently, Donald Trump made executive orders infamous
by announcing big policy changes without Congressional approval.
Even more
alarming are the president’s nuclear powers. As commander-in-chief of all the
US armed forces, the president has exclusive access to the nuclear codes. With
the push of a button,
he can cause a nuclear holocaust. Should a single human being have the power to
destroy the world?
As I have
pointed out repeatedly in my past articles, the US has an aggressive foreign
policy. It meddles in the affairs of other countries. This leads to tensions
and even standoffs with other powers such as Iran, Russia and China. An
American president could blunder into nuclear war in a crisis. In 1962, the
Cuban Missile Crisis demonstrated this danger.
The
Biden-led NATO supports Ukraine against Russia. This is part of a longstanding
American policy. After the collapse of the Soviet Union in 1991, NATO has
expanded east. The “deep state” has taken charge of American foreign policy.
Presidents have to do the bidding of the military-industrial
complex. In 1961, Dwight D. Eisenhower warned against this phenomenon in
his parting presidential address. In the context of the Russia-Ukraine War, the
US president’s nuclear powers have become dangerous.
A Rapidly Deteriorating System
A key reason why the office of the
president has become all powerful is because the Congress has become
dysfunctional. The incessant squabbling between the two political parties makes
passing of laws extremely difficult. The parties themselves are increasingly
divided. It took a historic 15
rounds of voting for Kevin McCarthy to be elected speaker of the House of
Representatives.
Republican lawmakers are so divided
right now that it will be difficult for them to push through any legislation
despite their majority. Even if they do, Democrats have a wafer-thin majority
in the Senate and can block them. The Democrats are divided themselves and are
unlikely to push through significant bills in the Senate. This leaves the White
House a clear field for executive orders.
In this way, the US presidential
power and prestige are the envy of dictators. Presidents enjoy unprecedented
autocracy and imperial power under the guise of democracy. The president appoints
thousands of delegates, who often lack the qualifications necessary for the
political positions they are assuming.
The president nominates federal
judges, which makes the office extremely powerful. The nomination process has
become increasingly political, especially for the Supreme Court. Presidents
have been appointing party loyalists to top positions. This is not a new
phenomenon. In 1991, George H.W. Bush nominated the infamous Clarence
Thomas to the Supreme Court. The Senate confirmed his nomination, despite
attorney Anita Hill’s extensive testimony of Thomas’s sexual misconduct. Now,
Thomas is in hot water for violating
the Court’s own judicial ethics. Trump sparked outrage when he nominated Brett
Kavanaugh who was accused of attempted rape.
Presidents have not only been
appointing shady judges but they have also been benefiting family members.
Jared Kushner, Trump’s son-in-law, profited
immensely from dealings with the Saudis. This might not have been illegal but
was certainly immoral. Such is the power of the president that Trump and
Kushner were never held to account.
Today, the presidency is too
powerful and not accountable to the people. Reforms to the system are long
overdue. Otherwise, troubles lie ahead. An unrestrained, all-powerful presidency
is not sustainable long term.
By Mehdi Alavi
This article was first published by Fair Observer.
