“The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.”—James Madison
Power corrupts.
Absolute power corrupts absolutely.
Unadulterated power in any branch of government is a menace to freedom, but concentrated power across all three branches is the very definition of tyranny: a dictatorship disguised as democracy.
When one party dominates all three branches of government—the executive, the legislative, and the judicial—there is even more reason to worry.
There’s no point debating which political party would be more dangerous with these powers.
This is true no matter which party is in power.
This is particularly true in the wake of the 2024 election.
Already, Donald Trump, who promised to be a dictator on “day one,” is advancing plans to further undermine the nation’s already vulnerable system of checks and balances.
To be fair, this is not a state of affairs that can be blamed exclusively on Trump.
America’s founders intended our system of checks and balances to serve as a bulwark against centralized power being abused.
As constitutional scholar Linda Monk explains, “Within the separation of powers, each of the three branches of government has ‘checks and balances’ over the other two. For instance, Congress makes the laws, but the President can veto them, and the Supreme Court can declare them unconstitutional. The President enforces the law, but Congress must approve executive appointments and the Supreme Court rules whether executive action is constitutional. The Supreme Court can strike down actions by both the legislative and executive branches, but the President nominates Supreme Court justices, and the Senate confirms or denies their nominations.”
Unfortunately, our system of checks and balances has been strained to the breaking point for years now, helped along by those across the political spectrum who, in marching in lockstep with the Deep State, have conspired to advance the government’s agenda at the expense of the citizenry’s constitutional rights.
By “government,” I’m not referring to the farce that is the highly partisan, two-party, bureaucracy of the Republicans and Democrats. Rather, I’m referring to “government” with a capital “G,” the entrenched Deep State that is unaffected by elections, unaltered by populist movements, and has set itself beyond the reach of the law.
This is exactly the kind of concentrated, absolute power the founders attempted to guard against by establishing a system of checks of balances that separate and shares power between three co-equal branches.
Yet as law professor William P. Marshall concludes, “The system of checks and balances that the Framers envisioned now lacks effective checks and is no longer in balance. The implications of this are serious. The Framers designed a system of separation of powers to combat government excess and abuse and to curb incompetence. They also believed that, in the absence of an effective separation-of-powers structure, such ills would inevitably follow. Unfortunately, however, power once taken is not easily surrendered.”
The outcome of the 2024 elections is not a revolutionary bid to recalibrate a government run amok. Rather, this is a Deep State coup to stay in power, and Donald Trump is the vehicle by which it will do so.
Watch and see.
Remember, it was the Trump Administration that asked Congress to allow it to suspend parts of the Constitution whenever it deemed it necessary during the COVID-19 pandemic and “other” emergencies.
In fact, during Trump’s first term, the Department of Justice quietly trotted out and tested a long laundry list of terrifying powers to override the Constitution. We’re talking about lockdown powers (at both the federal and state level): the ability to suspend the Constitution, indefinitely detain American citizens, bypass the courts, quarantine whole communities or segments of the population, override the First Amendment by outlawing religious gatherings and assemblies of more than a few people, shut down entire industries and manipulate the economy, muzzle dissidents, “stop and seize any plane, train or automobile to stymie the spread of contagious disease,” reshape financial markets, create a digital currency (and thus further restrict the use of cash), determine who should live or die…
Bear in mind, however, that these powers the Trump Administration, acting on orders from the police state, officially asked Congress to recognize and authorize barely scratch the surface of the far-reaching powers the government has unilaterally claimed for itself.
Unofficially, the police state has been riding roughshod over the rule of law for years now without any pretense of being reined in or restricted in its power grabs by Congress, the courts, the president, or the citizenry.
This is why the Constitution’s system of checks and balances is so critical.
Those who wrote our Constitution sought to ensure our freedoms by creating a document that protects our God-given rights at all times, even when we are engaged in war, whether that is a so-called war on terrorism, a so-called war on drugs, a so-called war on illegal immigration, or a so-called war on disease.
The attempts by each successive presidential administration to rule by fiat merely plays into the hands of those who would distort the government’s system of checks and balances and its constitutional separation of powers beyond all recognition.
In this way, we have arrived at the dystopian future depicted in the film V for Vendetta, which is no future at all.
Set in the year 2020, V for Vendetta (written and produced by the Wachowskis) provides an eerie glimpse into a parallel universe in which a totalitarian government that knows all, sees all, controls everything, and promises safety and security above all comes to power by capitalizing on the people’s fear.
Concentration camps (jails, private prisons and detention facilities) are established to house political prisoners and others deemed to be enemies of the state. Executions of undesirables (extremists, troublemakers and the like) are common, while other enemies of the state are made to “disappear.” Populist uprisings and protests are met with extreme force. The television networks are controlled by the government with the purpose of perpetuating the regime. And most of the population is hooked into an entertainment mode and are clueless.
In V for Vendetta, as in my novel The Erik Blair Diaries, the subtext is that authoritarian regimes—through a vicious cycle of manipulation, oppression and fear-mongering—foment violence, manufacture crises, and breed terrorists, thereby giving rise to a recurring cycle of blowback and violence.
Only when the government itself becomes synonymous with the terrorism wreaking havoc in their lives do the people to finally mobilize and stand up to the government’s tyranny.
V, a bold, charismatic freedom fighter, urges the British people to rise up and resist the government. In Vendetta, V the film’s masked crusader blows up the seat of government on November 5, Guy Fawkes Day, ironically enough the same day that Trump won his landslide return to the White House.
Yet there the comparison ends.
So, while we are overdue for a systemic check on the government’s overreaches and power grabs, this year’s electoral victory for Republicans was no win for the Constitution.
Rather, it was a win for the very entrenched, hawkish, establishment power structure that has exhibited no regard for the Constitution or the rights of the citizenry.
As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, the Deep State works best through imperial presidents—empowered to indulge their authoritarian tendencies by legalistic courts, corrupt legislatures and a disinterested, distracted populace—who rule by fiat rather than by the rule of law.
This article was originally published at The Rutherford Institute.