December 14, 2007
by Clay Barham

The Articles of Confederation was our first Federal Constitution.  It proved too weak to carry on the work of a national government.  Under the Articles, each year the Congress met, they would elect a new President, a creature of the legislature.  It was the President's job to carry out and administer the wishes of the Congress, to appoint cabinet officers as well as ambassadors. 

It was much the same as a corporate board of directors with a chairman or president at its head, doing the bidding of the board.  America's national government was too feeble, under this arrangement, to do the nation's business.  A new Constitution had to be created that would enable government to function, but not to rule.

In the Constitutional Convention of 1787, according to James Madison's journals, the first work on shaping a new government did not start until the fifth day, and two days were spent defining the legislative branch, and two and a half days on the Executive.  The initial proposals had the Executive selected by the Legislative Branch, as it was under the Articles.

That soon passed with the idea that the Executive should not be a creature of that body, depriving the Executive branch of its autonomy and upsetting the balance of power.  Yet, the sentiments were against a free and active ruler, so the Legislative Branch made the laws and the Executive was to carry them out.  The Judiciary had the task of settling disputes rising out of the actions of both. Each branch checked the other.

The President could not declare war, under the new Constitution ratified in 1789.  He could request Congress to declare war and, should they do that, the President assumed the role of Commander-in-Chief of the armed forces.  In the case of the invasions of both Afghanistan and Iraq by President Bush, wars that had to be agreed to by Congress, the President is being accused of operating on his own and outside the law. 

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In reality, President Bush went to Congress for authorization, and, in a slight-of-hand way, Congress gave him permission.  By slight-of-hand, they left themselves an out by being able to say, we only said he could look into it, or do it if we really said OK later on.

Congress, through its own cowardice, did not want to come out and tell the President to "go get ?em."  They wanted political wiggle room in case it turned unpopular, as wars usually become.  The Civil War, the First and Second World Wars, Korea and certainly Viet Nam had turned around in the people's mind, and if these two turned in the same way, the opposition party could deny complicity in the whole affair, which they are doing now. 

It proves to citizens, that if we elect PC Cowards to Congress, this will always happen.  Our nation becomes hostage to political power grabs of one side or the other, instead of uniting behind a decision made, right or wrong.

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Clay Barham [send him email] has been a candidate for the California legislature and a stand-in talk show host for ABC.  He was educated in physical and behavioral sciences, with a Ph.D. in sociology.  He is the author of five books, with his latest being Foundations of Modern American Conservatism and Liberalism: The Roots of Freedom and Tyranny.  Visit his website at http://www.claysamerica.com.

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