The assumption that presidential power has expanded exponentially over time is undisputed. However, the magnitude of growth is not completely appreciated. It is believed that the legislature was the most authoritative branch, and thus the need of establishment of a two-house legislature. Consequently, the Congress was to be divided into two groups for the sole purpose of not overwhelming the other arms of the government. Similarly, the executive needed to be unitary to protect itself from being weakened during battles with the legislature. However, from all these struggles, the presidential seat has become a more powerful branch.
In 2006, the Congress elected was of the opinion that the US to pull out of the unpopular war (Nagourney, & Thee, 2006). However, the President used his authority to continue maneuvering the Congress and pursue a war that was opposed by many including individual from his party (Harold, 2008). The expansion of presidential powers in relation to other branches is not a recent development. According to Justice Jackson, the trend started over fifty years. He pointed out that the Constitution does not reveal the mechanisms of the real controls exercised by the current presidential office.
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The US Attorney General is at the service of the President. It is precisely seen to those who questioned the legitimacy of the dismissal of Attorney General Sally Yates for standing up for the US constitution, the law, and to offer independent legal guidance to the President. Yates dismissal against was illegal, the Executive order in the absence of statutory advice is in violation of the Fifth Amendment to the United States Constitution (CSIPS, N.d). It signifies the standpoint of many boardrooms which are a dangerous mismatch to the presidency. Dissent of any kind will not be accepted irrespective of the decision by the President, negative repercussions, and mismatch with the law. Yates was a firm believer in the legal equality, habeas corpus rights, and law supremacy. Her dismissal because of this and replaced by a person who will interpret the law as directed by Trump would be considered problematic. It is; therefore, right to conclude that the use of executive orders and ad hominem attacks on dissent threatens democracy.
References
CSIPS. (n.d). Recent threats to the rule of law in the US . Retrieved from https://csips.org/2017/02/01/recent-threats-to-the-rule-of-law-in-the-us/.
Harold, K. (2008). From a unitary to a unilateral executive. Boston University Law Review, (88)523, 523-559.
Nagourney, A. & Thee, M. (2006). With Iraq driving elections, voters want new approach. The New York Times Company. Retrieved from http://www.nytimes.com/2006/11/02/us/politics/02poll.html.
