It’s called executive power | AspenTimes.com

It’s called executive power

Now we have James Comey’s written testimony. It should remind us how the Constitution says our government should work.

For decades, presidents before President Donald Trump kowtowed to the FBI director. J. Edgar controlled presidents by maintaining dossiers on their embarrassing private lives. Maybe later FBI directors did, too. Whatever the reasons, a “custom” developed of an “independent” FBI “untouchable” by the president. Totally contrary to the Constitution.

The U.S. Constitution vests the entire executive authority in the presidency and only in the presidency. The constitution doesn’t mention an FBI director. It doesn’t mention an attorney general. The Constitution doesn’t empower Congress to create executive departments (e.g., the Justice Department or its investigative arm the FBI) that don’t answer to the president. All of the “executive” is under the president’s authority. Regardless of prior “custom,” the FBI works for the Justice Department and the Justice Department works for the president. Because there is no “executive power” separate from the president.

President Trump isn’t brainwashed by a life in politics and “custom” that ignore the Constitution. Having all of the executive authority, he discussed with his subordinate, the FBI director, particulars of the subordinate’s job. Horrors.

This might be the first time in decades a president, intentionally or not, actually followed the Constitution.

Maurice Emmer

Aspen


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