Government branches not ‘coequal’
The House impeachment managers state in their brief: “Our constitutional system simply cannot function if the President, acting to extend his own grasp on power against the expressed will of the people, prompts an armed attack against a coequal branch that prevents it from performing its core constitutional responsibilities.”
I agree entirely, except for one thing — the word “coequal.”
Listen to representatives and senators, Democrats and Republicans, talk about impeachment or other issues that touch on the relationship between the three branches of government, and you’ll hear the word “coequal” over and over again. In 2019, when Nancy Pelosi was sworn in as speaker of the House for the second time, she proclaimed Congress “coequal to the presidency and judiciary.”
Richard Nixon must be having a good laugh.
Until Watergate, the notion that the three branches of government were coequal was considered far-fetched. This coequal doctrine was largely an effort by the Nixon administration to keep congressional investigators at bay.
What does coequal mean? Well, equal means being the same in status. One hundred pennies equals one dollar. Coequal means having equivalent standing. A quarterback and kicker are equally on the same team, but they are not coequal in their power, pay or responsibilities. At least that’s what the Founding Fathers meant by coequal. Dictionaries have since muddied the waters.
The founders never imagined that the legislative, executive and judicial branches were coequals. Their intent, made plain in the structure of the Constitution, was for Congress to be supreme. That’s why Article 1 is about Congress — literally the first branch — and its powers.
Indeed, if you search through the Federalist Papers, the word coequal appears only eight times. Not once does it say that the three branches of the federal government are coequal. They reserved that term to describe the standing of the federal government to the states or the relationship between the House and Senate.
Think about what the founders were most passionate about. “Taxation without representation” probably tops the list.
Well, only Congress can tax. Indeed, all tax bills are supposed to start in the House, because the House is elected by the people. (Senators were originally elected by the states.) Congress is also the only branch of government with “the power of the purse.” It alone (at least according to the Constitution) can declare war. Also, in case you forgot, it writes the laws.
Taxing, spending, declaring war, writing laws — that’s Congress’ bag, baby.
Now ask: What can Congress do that the other branches can’t? Well, through impeachment, it can fire the president, vice president or any member of the judiciary. Indeed, with the exception of the Supreme Court, it creates every other federal court. It also creates every federal agency and department. Everyone who works for Uncle Sam, except for the president and vice president, has a job created by Congress. And their job — including, for the most part, the president — is to do what Congress says.
As historian Jay Cost puts it, “If I get to tell you what to do, but you do not get to tell me what to do, who is actually in charge?”
Recall, that the founders were drawing on the English experience — and their own as colonists. They were partisans of parliament, not the crown. Their biggest worry was that a president would become a new king, which is why they loaded up Congress with all the power.
Against this backdrop, the Donald Trump-inspired siege on the Capitol is not just a shocking affront to the constitutional order; Congress’ response is a sign of how damaged that order already was. In earlier eras, the reaction from Congress wouldn’t have been partisan but institutional. Don’t get me wrong: Trump deserved impeachment for his role in the Jan. 6 attack. That most congressional Republicans responded as if an outgoing president were their king is repugnant.
But Pelosi’s response, from refusing to consult Republicans in the drafting of impeachment articles to declining to recruit Republicans to serve as floor managers, was evidence that congressional Democrats see their role through a partisan prism, too.
When Trump attacked “Obama judges,” Chief Justice John Roberts — a Republican appointee — defended the judiciary. “We do not have Obama judges or Trump judges, Bush judges or Clinton judges,” Roberts said.
Congress should have responded in the same spirit. Legislators may be elected as Republicans or Democrats, but party affiliation is meaningless under the Constitution, and legislators should have responded as defenders of their constitutional roles, not as members of some political team. After all, Republicans and Democrats were coequally deserving of murder in the eyes of some of those barbarians.
This year is off to a start no one predicted. From COVID-19 to an insurrection at the Capitol, 2021 has taken a turn that has many of us rethinking how we handle crises. I am the chief servant to 18,000-plus members of the Orlando Regional Realtor Association. I’m committed to leading our organization, no matter the circumstances, but as a leader, it’s critical to look within while dealing with a crisis.
This past November, I developed blood clots in my lungs while flying to Dubai for an international real-estate convention. After spending more than three days in a hospital in the United Arab Emirates, I am thankful to be healthy. As 2021 unfolds, there are five life lessons I’ve learned from that experience.
Pay attention to the signs: We all have red flags in our lives but only find out when it’s too late. If we all stop and assess the world around us, and our relationships, we can tackle a crisis before it happens.
There were signs something was wrong. Mid-flight, I realized I had cramps in my legs, I gasped for air, and I nearly fainted. I struggled for two hours, sweating and convincing myself that all I needed was some fresh air. This was my first missed sign that I needed help.
Listen to the experts: Two fellow passengers, who were doctors, tried to help as I fainted while deplaning on the jet bridge. Instead of laying down as they told me, I fought them as they pushed me to the ground. As medical personnel arrived, I was strapped to a gurney. The doctors saw my blood oxygen level from the monitors. They told me I likely had blood clots in my lungs and needed to go to the hospital immediately. Yet, I was still in disagreement.
However, it wasn’t what they said that eventually convinced me to seek medical care, it was how they said it. It was the expression on their faces and their tones of voice. I needed to listen to them because they were experts who could guide me through that crisis.
Humble yourself: As medical personnel wheeled me through the emergency room, I thought about my family and my mission to expand Orlando’s international reach. I had no control over the clots in my lungs. I had no control over where I was going, and Emirati customs confiscated my passport.
The hospital to which I was transferred had very few English speakers, but I had to humble myself and trust the doctors and nurses. When you are at the mercy of others during a crisis, it’s important to accept that you must allow others to help you.
Show an attitude of gratitude: I spent the next three days in intensive care until I was moved to a regular room. I asked every doctor and nurse for their name and told them how much I appreciated them. This made an impact because I did something other patients did not. I created a personal connection with everyone who took care of me. When I arrived, I was simply known as “the American,” but when I left, they all knew my name, and they were truly happy to have seen me improve.
While in a crisis, it’s important to tell others you are thankful for them. When we all show this love, the temperature around us changes. My gratitude for the medical staff led them to change my course of treatment. In just 24 hours, I went from lying flat on my back to standing up on my feet and ultimately leaving.
Know your maker: Our thoughts are heavy in a time of crisis, and our belief system helps us endure life’s biggest challenges. Your belief system might be spiritual or some other type of discipline, but that framework must be there before your time of need.
While I lay flat on my back for days on end, I prayed. I knew in my heart that I would return home alive because my mission has not been yet accomplished — and I did.
My luggage was missing, my identification was only returned to me upon my discharge from the hospital, and yet I was able to strike an agreement, which was my whole purpose of flying to Dubai. There is nothing we cannot overcome if we only believe.
We all encounter some sort of crisis in our lives, whether it’s our health, our finances, or something that happens to a close friend or a family member. While we can’t control the situation, we can control our awareness, humility, and attitude. We made it through 2020, and in 2021, we will not just survive we will thrive.
Cliff Long is the CEO of The Orlando Regional Realtor Association.