Fathers Knew Best
Russia sanctions & investigation prove the Constitution’s wisdom
GIVEN the turmoil in Washington and the media’s need for in-the-moment headlines, it can be hard to recognize the inspiring fact that the Founding Fathers got it right: The system of government they designed still works.
The Constitution’s separation of powers saves us time and again. The president has great, but not unlimited, authority. To override a president’s will, Congress has to muster a two-thirds — thus, bipartisan — majority. The Supreme Court ensures that actions taken by Congress or the president conform to the Constitution. And no one’s above the law.
Sure, that’s junior-high-school civics. But we need reminding these days.
The commonest complaint one hears about Washington is that “They can’t get anything done.” But the men who designed our laws were wary of foolish actions committed in haste, as well as of the tyranny of a majority.
The Constitution is the finest tool designed by humankind to prevent men and women from acting like deadly idiots. Adams, Jefferson, Hamilton & Co. didn’t want our laws made in a hurry. Healthcare reform has been hard because it’s so complex, but it, too, will be concluded.
Meanwhile, consider three other pressing (and interrelated) issues, each of which shows, in its different way, that this great system works: Russia sanctions, the president’s rage at his attorney general and the special counsel’s investigation.
Russia sanctions. On Tuesday, the House passed a critically important sanctions bill smacking Russia for its attack on our elections, as well as slapping Iran and North Korea. Only three House members voted against the bill. The Senate, which had already passed a similar bill by a veto-proof majority, is expected to endorse this modified bill in the coming days.
Those great, bipartisan majorities prevent the president from killing the bill and leaving Russia unpunished. Given the president’s unexplained and untoward affection for Vladimir Putin, it’s essential that Congress act as a brake on policy. And that’s just what Congress is doing, thanks to provisions in the Constitution.
It’s amazing how much those Founding Fathers foresaw.
In its revised form, the sanctions bill isn’t as tough as some of us would have liked, but it’s a rational compromise between parties that also notes concerns raised by the White House. Some sanctions will remain in reserve, while energy companies get a dubious break. That’s horse-trading.
But the end result is that Putin pays a price. His top priority has been to have sanctions lifted. Instead, he got more. And yes, the czar’s economy is hurting.
The president would be wise to sign the bill when it hits his desk.
Presidential authority. The DC scandal of the week is the president’s odd campaign against his attorney general (and longtime supporter). The president feels Jeff Sessions has been disloyal to him.
But Department of Justice regulations state that any member of the department must recuse himself from any case related to a political campaign in which he’s been involved. Sessions clearly agonized over whether to recuse, and perhaps the president took this to mean recusal was entirely elective. But Sessions did the right thing.
It appears there’s an even deeper misunderstanding on the president’s end: No federal official takes an oath of office to be loyal to the president. The Founding Fathers didn’t want a monarch. Oaths are taken to the Constitution, not to any individual.
The president has the power to fire his attorney general, but he needs to beware of obstructing justice. Nothing would doom his presidency more swiftly.
The special counsel. No one is above the law. Special Counsel Robert Mueller’s investigation of Russian election meddling and possible collusion by US citizens will be long and frustrating. The FBI doesn’t rush to the microphones every time its agents uncover new evidence. It methodically builds cases, quietly using new revelations as leverage to gain more evidence. In the end, the special counsel either will absolve the president and his paladins of any illegal behavior, or he’ll decide indictments are in order.
This, too, is how the system’s supposed to work. Investigations must be independent and nonpartisan. This isn’t just about a few might-be-bad apples but the integrity of our system of government.
Should the president move to dismiss Mueller, issue preemptive pardons or attempt to pardon himself, the crisis will be resolved by the Supreme Court. And the justices’ word will be final.
Thank God for it. We needn’t fear coups or factional violence. The Supremes’ mission isn’t to make everybody happy, but to uphold the Constitution, the greatest gift that free men and women ever have received.
We, the impatient People, should be grateful.