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The State of the Union: Separation of powers?

Like many I am impressed at the delivery of the speech, the words and inflection delivered with precision.  Also like most, I am waiting for action.  Actions speech louder then words.  Oddly, within the speech were a few actions that broke through the rhetoric and will likely live on beyond the speech.

Legislative inaction

The first was when the President scolded congress.  “Yesterday, the Senate blocked a bill that would have created this commission. So I will issue an executive order that will allow us to go forward, because I refuse to pass this problem on to another generation of Americans,” Obama said.

Made my eyes open wider.  He slapped down a congress run by Democrats.  This was surprising, but even greater impact was the direct statement and action of the Executive branch telling the Legislative branch that they are impotent and that he will move forward without them.   This direct assault should give us all pause.  Couldn’t he have said…“Yesterday, the Senate failed to pass a bill that would have created this commission.   I am disappointed in this action and will continue to work with Congress to address this issue and give it the power of law.  I refuse to pass this problem on to another generation of Americans,”

Judicial Action

The second moment was when the President decided to chide the Supreme Court for overturning campaign finance reform laws as Unconstitutional.

“Last week, the Supreme Court reversed a century of law to open the floodgates for special interests — including foreign companies — to spend without limit in our elections,” Obama said. “Well, I don’t think American elections should be bankrolled by America’s most powerful interests, and worse, by foreign entities. They should be decided by the American people, and that’s why I’m urging Democrats and Republicans to pass a bill that helps to right this wrong.”

The rest of the press will jump all over Judge Alido for shaking his head and mouthing “That is not true.”   It will likely get the same press as “You Lie.”  But the fact that the President felt that he would use this stage to tell the American people that the Supreme Court is wrong and state that we should move forward in opposition to their decision.

The lack of respect is not in Alido’s head shake but Mr. Obama’s direct assault on the Judiciary sitting in the front row.  Alido’s actions were instinctive and responsive.  The President’s were premeditated and directed.

Again, if he felt is necessary to raise this issue to the level of the State of the Union.  A more respectful response would have been to “find a way to work within this decision to constrain undue influence on campaigns without impacting the first amendment rights of citizens”.  What is obviously missing in the President’s comments is any linkage to the unions and PACs which are some of “America’s most powerful interests.”   Corporations are entities that deserve the same rights granted to these organizations and citizens.  What is obvious in these comments is disdain for the third and equal branch of government, created specifically to correct imbalances created by act of law.

The president’s supporters will ignore and rally behind these actions.  All of us should get control of our emotions and think about where these actions take us.  Separation of powers is a fundamental tenant of our Constitution.  Ignoring it for political activism harms us all.

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