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Too Much Executive Power

Joshua Hurtado has been driving for Uber Eats since August 2018 and has an Associates in Paralegal Studies.


The 2020 election cycle was incredibly divisive. Friendships and familial relationships have been broken because of political disagreements. The solutions to this lie in changing the culture, but there are also some political changes that need to be made as well. I am not going to pretend that there is only one solution. But, one thing that needs to happen is Congress has got to take it's power back from the Executive branch.

Administrative Agencies and States

The power and influence of the federal government have increased immensely over the past several decades, particularly in the Executive. As time has passed Congress has granted more and more powers to these executive agencies, but in my opinion, they have not provided proper oversight. As a result, there have been numerous rules and regulations imposed on the country by people who are not accountable to the people. Congress will usually pass a vague law instructing a federal agency to carry out a mission and lets the agency decide the rules to complete their assigned task as well as how and when they will enforce their own rules. The problem with this is that these administrative agencies are staffed by career bureaucrats who are not accountable to the electorate. They are only accountable to the Executive branch of the federal government.

One example of this is the FDA and or the Department of Agriculture. Congress will pass a law that basically says they want "safe food". They are then able to go back to their constituency and say that they support safe food. But, because they gave the actual power over food safety to the FDA and or the Department of Agriculture, they can then say that they do not support whatever rule those agencies have implemented and come out against the rule, but too often they do not actually do anything about it. But, they will spend months on end telling you that if you want such and such a rule to change that you need to vote for their Presidential candidate in November. Congress has become cowardice and has decided that they would rather surrender their power to eh Executive branch and have these policies actually be implemented by people who are not accountable to the electorate than they would want to stand up and take power back. But, this would mean that they would have to defend decisions that actually affect day to day Americans on a much broader scale than their blanket laws do. These agencies act as their scape goats, Congress can spend all the time in the world blaming them, but they can't be bothered enough to actually do something about it.

Congress is not the only problem here. The States also need to take power back from the federal government. The more and more power that the federal government has, the bigger the impact of a single person has on our lives. This person is of course, the President. There has been Supreme Court decision after Supreme Court decision taking more and more power away from the States and giving it over to the federal government. A lot of these cases had to do with the commerce clause. The Supreme Court was a lot more wary about expanding this power until the FDR administration when FDR threatened to pack the Court. After this threat the Court suddenly began ruling in favor of a lot of his policies which took power away from individual states and gave it to the federal government.


As a result the Executive branch has amassed large amounts of power that it was not intended to wield. I believe that this is responsible for the divisiveness that we see every Presidential election cycle. So what is the solution?

Congress has to take back its power. We have to start holding our elected Representatives and Senators accountable for not wanting to be accountable. If they are willing to pass these blanket laws that give immense power to these federal agencies and then are not willing to actually do anything about it when they intrude on our liberties they should be held accountable for that. Unfortunately this is easier said than done because of the nature of obtaining power. Those who obtain it want to hold onto it.

Another part of the solution is for the States to take back their own power from the federal government. Under the Constitution the federal government has been given very few powers and the majority of the political power is supposed to lie with the States. However, we have seen time after time States surrender their power over to the federal government. Perhaps the most immediate thing that the States can do to take back some of their power is to stop accepting federal funds for their programs. I don't really blame the federal government for having strings attached to federal money. If I were funding something I would want it done according to my values. But, the States can and should more often say no.

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