As I recall, the system was set up with 3 branches of government in tension. Obviously, that was naive.
As I recall, the system was set up with 3 branches of government in tension. Obviously, that was naive.
If anyone doubts this, take a moment to read the document in one sitting. It’s remarkably short. Compare what you read to the government you’ve had all your life.
This may not be fully developed in the US constitution because the world was much simpler back then, but it is entirely compatible with it.
The structure should really have a few more obvious significant layers where things could shift around over time.
The administrative agencies do not merely “advise.” They make regulations with the force of law (legislative power), enforce those regulations (executive power), and adjudicate violations of the regulations (judicial power). That concentration of the three powers into a single entity is the very thing the Constitution goes to great lengths to avoid.
With which article specifically?
Yes, enforcement should not be managed by these agencies. The way to fix this is to reshape them, not give in and let the executive run the show without checks. Of course, that requires a working legislative body and a judiciary that is not fixated on the end times.