The Institutional Framework of the Constitution

Excerpts from American Covenant

Last week, I wrote about Levin’s first two Constitutional frameworks: Legal and Policymaking. Today, I will discuss the third, Institutional. Levin explains the institutional framework as,

“A set of formalized bodies (a congress, a president, and courts) that each has a distinct structure and character and carries out a particular kind of work. Our constitutional system is made up of these interlocking institutions and is given its shape by their forms.

We are not used to thinking of political forms this way. Our usual approach to the separation of power leaves us imagining that there is a fungible commodity called “power” that the different branches of our government exercise, so that the question is who has more or less of it. But our system does not just divide the power of the national government into three. It divides it among legislative, executive, and judicial institutions, each of which is expected to exercise its authorities differently, and for a different purpose.”

The Constitution empowers Congress as the institution to lead. It’s supposed to frame and authorize government action through accommodation and compromise. Next, the President “acts within the structures established by the laws that Congress frames.” The President “reacts to events, adjusts to pressures, and makes concrete choices among permissible options in complicated situations.” A strong executive requires “energy, boldness, steadiness, focus, and ambition.”

After Congress and the President have acted, the judiciary reviews the action “in response to cases and complaints,” ensuring the rules have been applied appropriately. The judiciary “neither makes laws nor acts to execute them but assesses the behavior of the others.”

Levin puts it succinctly, saying,

“It is only a slight exaggeration to say that the Congress is expected to frame for the future, the president is expected to act in the present, and the courts are expected to assess the past.”

Congress has failed to act, and instead of encouraging Congress to fulfill its responsibility, Presidents often say things like, “If Congress won’t act, I will.” When they do this, they are “threatening the constitutional order.” When judges create “novel policy or right of action,” they exercise power delegated to the other institutions. Institutions' unwillingness to follow the constitutional order “does serious harm to our system of government.”

The institutional framework laid out in our Constitution is paramount to the success of our government. We must restore balance and order to our institutions and elect congressional leaders capable of exercising the power delegated in the Constitution. We must elect Presidents who respect the limits of office, and we must not lean on the courts to resolve problems ignored by the legislature.

Thank you for reading with me. The next constitutional framework I will discuss is Political. Make sure you subscribe so you don’t miss out! If you are one of the 76% of Americans who disapprove of Congress, consider investing in my journey for constitutional reform and becoming a paid member for $10 per month.