Checks and Balances

“He who saves his country does not violate any Law,” President Trump on X

I enlisted in the Army as a private in February of 1981. I brought with me a rather romanticized idea of what life as a soldier would be like. Soon reality dashed a bucket of cold water on my ardor. I often chafed under what I felt was poor leadership. In my self-centered worldview, I thought I could do a better job. Eventually, I was able to earn my commission and entered the Army at the exalted rank of Second Lieutenant. Soon I ran into what seemed like a sea of command, regulatory, and administrative checks on what I wanted to do. But I soon realized that they were there for a reason. As an officer, I enjoyed significant power over those of lessor rank, a power that was easily abused. The checks on my power existed to ensure that I properly used the power given to me. Over time I progressed in rank, enjoying more power but also better understanding the checks and balances levied upon me. Our Constitution provides checks and balances to protect the weaker from the whims of the more powerful.

Those who framed our foundational documents intimately understood the perils of unbridled power, having lived under a monarch. They set up our government with a system of checks and balances to ensure that the stronger did not run over the weaker. While these checks and balances make our government frustratingly slow and cumbersome at times, they ensure that those entrusted with power do not use that power in harmful or selfish ways. The executive, legislative, and judicial branch all have roles to play in ensuring that all citizens enjoy the “the Blessings of Liberty.” As much as they frustrate, leaders must respect the constraints of the checks and balances system.

"Judges aren't allowed to control the executive's legitimate power," Vice-President Vance on X

  We have a legal system to determine whether an official is exercising their power appropriately. As an officer in the Army, I was required to justify my actions legally to the Judge Advocate General, the Inspector General, and to Congress. Fortunately for me, almost always I was vindicated after an appropriate investigation. I never enjoyed the process but submitted. Over the years I have watched senior leaders grapple with the system.

Presidents of both parties have found the checks and balances system onerous; however, they have come to terms with it. They fumed and sought out ways to make the system work in their favor. Sometimes they succeeded and at other times they failed. But in the end, recognizing the benefits of the system, and they complied. Now we have a president and supporting administration who seem inclined to just ignore the system. Additionally, it appears that they are considering trying to impeach justices that do not agree with them.

“There needs to be an immediate wave of judicial impeachments, not just one,” Mr. Musk on X

The checks and balances system was created for such a time as this. As a nation which respects the rule of law, we should not seek to discard those with whom we disagree. Disagreement is not illegal. Our governmental system works well, those who enjoy positions of responsibility must respect our system and work within its confines. To do otherwise damages one of the pillars that supports our society, respect for the rule of law, and the benefits such respect brings. The wheels of justice grind exceedingly slow and exceedingly fine…on purpose.