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ancianita

(41,514 posts)
Thu Aug 21, 2025, 04:49 PM Aug 21

One Sentence in the Constitution Is Causing America Huge Problems

By David French

https://www.nytimes.com/2025/08/21/opinion/trump-constitution-unitary-executive.html

non-paywall https://archive.ph/BsMsP

"... The antifederalists admired Washington, but they knew that his example would not endure. An antifederalist writing under the pseudonym An Old Whig said it well. “So far is it from its being improbable that the man who shall hereafter be in a situation to make the attempt to perpetuate his own power, should want the virtues of General Washington,” he wrote, “that it is perhaps a chance of one hundred millions to one that the next age will not furnish an example of so disinterested a use of great power.”

We are in the next age, and we are governed by a man who shuns Washington’s example and grasps for power with both hands.

There is a constitutional answer to this national challenge. We can — at long last — heed the warnings of the antifederalists, and we can do it simply enough, by changing the first sentence of Article II. Instead of declaring, “The executive power shall be vested in a president of the United States of America,” it should read, “A president of the United States of America shall execute laws passed by Congress.”

This simple change would have sweeping implications.
It would remove the president as the chief executive of the nation and turn him or her into a steward of the laws passed through the democratic process. In this formulation, the Department of Defense and the Department of Education wouldn’t be the president’s agencies; they would be his or hers to run according to the rules and guidelines established by Congress.

No longer would the president possess a free-standing “executive power” to grant him the authority ... to decide which laws to enforce and which laws to ignore.

Revising the executive vesting clause isn’t the only necessary or prudent constitutional change (the pardon power should be revisited, for example), but it would make explicit what the Constitution makes implicit: Congress is the supreme branch, and at a stroke the Constitution would no longer enable, in Cato’s formulation, an ambitious president to “ruin his country.”
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Besides Gov. Newsom's redistricting exhortations to blue states, this is the best idea I've heard so far in the nation's political discourse.

Arguably. The arguable part is about "at a stroke the Constitution would no longer enable ... an ambitious president to “ruin his country....”
First, because until we can rescind Citizens United, calling an Article V convention of the states would likely result in dark money oligarchs and their corporate press hijacking that goal to ruin this country for their own privatizing ends.
Second, because The Koch network has been driving the Article 5 idea for years.

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