by Walt Nowasad

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October 14, 2013
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Budget shutdown a lesson in separation of powers

I have been following the noncommunications between the House and the Senate ever since the specter of a government shutdown began. What amazes me is that no one has been able to, or didn’t care to, vocalize what is really going on; that is that the Constitution is at work here.

The Founders were leery of any government, or part of government, accumulating enough power to be the dominant force, in other words tyrannical. That’s why they designed into our government, the concept of checks and balances, except perhaps in the case of the Supreme Court, but I’ll address that shortfall at a later date.

A bicameral legislature, ideally, in and of itself guarantees close scrutiny of the workings of the other chamber and helps assure that they “agree” with each other before penning a final bill for consideration by the Chief Executive...ideally.

But the Founders went one better in making the House the originator of revenue generating legislation and further gave them the sole power to fund legislation. In today’s situation, the House of Representatives is acting fully within its prescribed power under the Constitution to either fund or not fund any legislation. That’s their check in the “checks and balances” concept. It is their given power to prevent tyranny. And that is what is going on now, but it seems the Senate Majority Leader either didn’t pay attention during Civics 101 class or he either did not get the concept or chose to ignore that lesson.

After 5.5 years of operating, unconstitutionally, without a budget, the House has collectively said enough is more continuing resolutions and I applaud them for doing so and further encourage them to continue to do so when the debt ceiling comes up for consideration.

Having said that, one must realize that the Senate too is technically operating under the provisions of the Constitution as well. The Founders gave each chamber the authority to set their own rules. This enforced the premise that each chamber is independent of the other and allows both of them to be participants in the “checks and balances” built into the Constitution. However, there seems to be a bit of incongruity when either house exercises the power to not consider input from the other or bills submitted by one of their own for consideration. Essentially, it prevents members of either the House or the Senate to properly represent their constituencies. Somehow these actions don’t seem to parallel the intent of the Founders and that flies in the face of the concept of representation in a Constitutional Republic. By not hearing a bill, a representative of the people, as well as the people they represent, are essentially disenfranchised. Could it be that the adage that “absolute power corrupts absolutely” is borne out in those rules?

That power exercised by the leader of each house, as well as the frailties of men in positions of power, is best described by what James Madison penned in Federalist 51: “If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.”

We can only hope that these frail men in our Congress who are not angels, take Madison’s words to heart.

Walt Nowasad has been a resident of Douglas County since 2001. He is a retired Senior Chief Petty Officer, US Navy. Former Director of Requirements Engineering and Plan management at Visa. Citizen Lobbyist during last Nevada Legislative Session.

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The Record Courier Updated Oct 14, 2013 04:48PM Published Oct 14, 2013 04:48PM Copyright 2013 The Record Courier. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.