Thursday, April 24, 2025
As best I can remember when I was in fourth grade, we were taught that there are three branches of government — the legislative, the judicial and the executive. And we were taught that they were co-equals, with each possessing powers that the other branches couldn’t interfere with.
To make it simple, our teacher stated that the legislative branch, represented by Congress, is responsible for making laws. The executive branch, headed by the president, enforces laws made by Congress and oversees federal agencies. The judicial branch, led by the Supreme Court, interprets laws and ensures that they comply with the Constitution.
In my lifetime, over many decades, I have seen how the wishes of our Founding Fathers were complied with. While I was too young to understand the maneuvers of President Franklin D. Roosevelt, when he stepped over the line, the Supreme Court reversed a number of his actions. In blunt terms, he was told that some of his actions violated the Constitution.
Presidents Bill Clinton, George W. Bush and Barack Obama saw their controversial legislation overridden by a vote of three-fourths of Congress. And on quite a few occasions, the Supreme Court told Congress that it had violated the Constitution and its actions were null and void. That seemed to be in line with what I learned at Public School 26 in Brooklyn.
Having served in the State Assembly for 23 years, I am very much aware of how the systems work in both Washington and Albany. I have seen the Legislature in Albany flex its muscles and override the governor on many occasions. I have seen the courts tell the Legislature that it has stepped over the line and violated the state Constitution.
On Jan. 20, President Trump issued an avalanche of executive orders. Many of them have escaped public attention, because voters don’t spend all their time watching the news and following political issues. Some are consistent with campaign promises Trump made, but others clearly step on the toes of the 435 members of Congress.
Under Article I of the Constitution, Congress is given the sole authority to appropriate money for the operation of the government. There is no language that allows the president to impound funding authorized by Congress. The president campaigned on the promise of abolishing the U.S. Department of Education, but only Congress can dissolve a federal agency.
Some of the most challenging developments in the new Trump term are the actions taken by Elon Musk. He may have been given a blanket direction to cut government waste, but he is not allowed to abolish any federal agency that has been created by Congress. Musk has effectively shut down one agency already by restricting funding, but his powers will no doubt be challenged in the federal courts.
The biggest surprise to me, as a former state and local official, is how civil service protections are being totally ignored. Notices have been sent to thousands of federal workers offering them buyouts with no guarantees that they will keep their jobs if they don’t take them. Actions taken by the administration to force career employees out of their jobs defy what the civil service system is about.
The most eye-popping development is the failure of any Republican member of Congress to complain about the impact of the funding impoundments on their own home communities. Major cancer research hospitals in Louisiana, Ohio, South Dakota and Texas have made urgent cries about the loss of anticipated dollars.
Special drugs for serious diseases can’t be purchased without assurances that the money will be available. Rather than free up these dollars, the White House is focusing on efforts like halting the production of pennies that are popular with the public.
There seem to be no people in Washington who are echoing the voices of the Founding Fathers. That is our loss.
Jerry Kremer was an assemblyman for 23 years, and chaired the Assembly’s Ways and Means Committee for 12 years. He now heads Empire Government Strategies, a business development and legislative strategy firm. Comments about this column? jkremer@liherald.com.
