Perspective | Congress isn’t just a co-equal branch. We’re first among equals.

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Perspective | Congress isn’t just a co-equal branch. We’re first among equals.
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Perspective: Congress isn’t just a co-equal branch. We’re first among equals.

By Jamie Raskin Jamie Raskin, a Democrat, represents Maryland’s 8th District in the U.S. House of Representatives and serves on the Judiciary and Oversight Committees. He is an emeritus professor of constitutional law at American University’s Washington College of Law. May 10 Constitutional crisis looms, preceded by constitutional illiteracy and confusion, which now hang like a thick fog over Washington.

The founders replaced the intertwined monarchical and theocratic forms of government that prevailed in the 18th century with representative democracy so the people could govern, which is why our Constitution begins with those three magic words: “We the People.” It then establishes Congress in the very next sentence, placing our representative institutions, “a Senate and House of Representatives,” right after the sovereign people and way ahead of everything else.

Congressional supremacy has been tested time and again. A crucial showdown took place in 1952, when President Harry Truman directed his commerce secretary to take over the country’s steel mills. The president thought the power to keep the steel factories humming during the Korean War was self-evident and inherent in his role as commander in chief. But in Youngstown Sheet & Tube Co. v.

The presidency in the modern era has been inflated and aggrandized beyond anything the founders might have wished for or even recognized. The growth of the national security state after World War II gave the president a massive apparatus for practicing foreign intervention and waging unilateral, undeclared wars. Television and social media have exaggerated the natural political advantages of the branch of government defined by a single leader.

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