Yuval Levin
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Yeah. The separation of powers is not just a division of power into three so that it's a little safer because it's divided. Power is channeled through three different kinds of institutions. The first one, the primary one, is a legislature. And the reason it's primary is that the legislature is representative of the American public.
Yeah. The separation of powers is not just a division of power into three so that it's a little safer because it's divided. Power is channeled through three different kinds of institutions. The first one, the primary one, is a legislature. And the reason it's primary is that the legislature is representative of the American public.
The president is elected, but the president was not thought of as a representative figure. That office is one person in a vast country. One person can't really represent that vast country. That has to be done by a plural institution like Congress. And Congress has a specific kind of work.
The president is elected, but the president was not thought of as a representative figure. That office is one person in a vast country. One person can't really represent that vast country. That has to be done by a plural institution like Congress. And Congress has a specific kind of work.
It frames out, it builds out frameworks of law that are then going to direct the work of administration in the future. The president administers, and the idea of administration is almost lost to us now. We think of what the president does basically as saying, this is what should happen, and then things happen.
It frames out, it builds out frameworks of law that are then going to direct the work of administration in the future. The president administers, and the idea of administration is almost lost to us now. We think of what the president does basically as saying, this is what should happen, and then things happen.
But actually, the most important part of the president's job is the making of those things happen. It is the working of the arms of government, of the various tools and implements to actually turn will into action. And the courts have a different job than both of those.
But actually, the most important part of the president's job is the making of those things happen. It is the working of the arms of government, of the various tools and implements to actually turn will into action. And the courts have a different job than both of those.
They review past actions and determine whether they were in line with the legal frameworks that Congress had created or with the Constitution. These are very different ways of using power. They're not just power divided into three. And the different ways matter enormously. The interactions between them are really what create the dynamics of our system of government.
They review past actions and determine whether they were in line with the legal frameworks that Congress had created or with the Constitution. These are very different ways of using power. They're not just power divided into three. And the different ways matter enormously. The interactions between them are really what create the dynamics of our system of government.
I think our presidents now, this has certainly been true of Donald Trump in his first term and now, but it's also true of the rest of our modern presidents, have a conception of their job that's very legislative. They think their job is to produce those frameworks, to do it through administrative action. And essentially, when Congress can't act, the president will.
I think our presidents now, this has certainly been true of Donald Trump in his first term and now, but it's also true of the rest of our modern presidents, have a conception of their job that's very legislative. They think their job is to produce those frameworks, to do it through administrative action. And essentially, when Congress can't act, the president will.
Barack Obama actually said that basically in those words. But every modern president has acted as though he believes that. I think that's profoundly wrong and creates huge problems for our system. But among the problems it creates is that the other branches respond to this by also not doing their jobs. None of this is how our system is meant to work.
Barack Obama actually said that basically in those words. But every modern president has acted as though he believes that. I think that's profoundly wrong and creates huge problems for our system. But among the problems it creates is that the other branches respond to this by also not doing their jobs. None of this is how our system is meant to work.
And I think the center of why this has happened is actually the failure of Congress to take ownership of the direction of the system.
And I think the center of why this has happened is actually the failure of Congress to take ownership of the direction of the system.
Well, I think the reason to look to how the Constitution is intended to work is not to lionize the past, but to address exactly the problems we have now. The most stark fact about the American party system in the 21st century is that it's failing. Both parties are failing. Neither one has been able to form a durable majority coalition in 30 years.
Well, I think the reason to look to how the Constitution is intended to work is not to lionize the past, but to address exactly the problems we have now. The most stark fact about the American party system in the 21st century is that it's failing. Both parties are failing. Neither one has been able to form a durable majority coalition in 30 years.
And that has left our politics intensely divided, bitterly polarized, very dysfunctional. And the question we have to ask ourselves is what can we do about this? I think it's worth our looking to the Constitution because there are answers there to what we can do about it. Not because that was some kind of sacred moment at the end of the 18th century and they knew all this stuff we don't know.
And that has left our politics intensely divided, bitterly polarized, very dysfunctional. And the question we have to ask ourselves is what can we do about this? I think it's worth our looking to the Constitution because there are answers there to what we can do about it. Not because that was some kind of sacred moment at the end of the 18th century and they knew all this stuff we don't know.