George Washington’s Birthday: Be Inspired by Washington to Defend the Separation of Powers

As I do every year, I post that the United States federal holiday, which is called “George Washington’s Birthday,” is called by most States by other names, such as “Presidents’ Day,” and popularly referred to the same way States do, and never celebrated on Washington’s birthday of February 22. I note the day was not only intended to honor only the Father of Our Country as President, but as the General who led the American patriots to victory in the Revolutionary War and as a Founding Father, among his other accomplishments. By diluting the purpose of the holiday by emphasizing the presidency and the other Presidents, it distracts from the focus of appreciation of Washington’s accomplishments and his exemplary model. Furthermore, because of the professional media and popular focus on the other Presidents, it is necessarily divisive, and because scoundrels are included, inappropriate and demoralizing, instead of uplifting. I therefore propose every year that the name and focus of this federal and state holiday should be restored. But because of this current focus on other Presidents and on the presidency, it is relevant to recall Washington’s presidency in one aspect that is particularly relevant today to understand the false notion of the office that has gradually developed. The First President, like everyone after him until 1840, for President or even for Elector, did not campaign for the presidency. Therefore, he did not have a platform or “agenda.” The Framers of the Constitution had intended the office of the Chief Executive to execute the laws approved by the Congress, which represents the People and the States, not to be the proponent of laws, except to make recommendations to the Congress based on his observations and judgment, while the President’s duty is primarily to serve as the Commander in Chief and chief diplomat. Furthermore, as the Union of States was formed for unity and for defensive and foreign affairs purposes, most domestic matters were left to the States. A fundamental principle of the Constitution is the Separation of Powers of the Branches of government and the system of checks and balances between the branches. Although the Chief Executive has certain powers, most matters must be debated and approved by the Legislative Branch because the Congress is the representative body of the People and the States who formed the Union because the Framers, after the experience of the Colonies under the British Monarchy feared the danger of an autocratic ruler. Thus, the current argument by Donald Trump’s administration and supporters that because the People voted for him, which is not true because the People vote only for the Electors who elect the President, that his platform must be accepted in full, the Senate must accept all his nominees, and he may rule autocratically by decree, is constitutionally baseless. Voters elect only candidates to any public office, not candidates’ or their parties’ platforms, based on the qualifications of the candidates. In other words, elections for public office are not literally referendums on issues. Even if a candidate has a general platform that a plurality of voters who elect him favor, he may offer greater specificity once in office or even change his mind, but even if a public official intends to carry out an entire specific platform, it is the prerogative of the Legislative Branch to consider and enact any part of the it that constitutionally must be enacted by law. The President is only owed deference on nominations to inferior administrative or advisory offices to the extent of his confidence in a nominee, but the Senate’s Advice and Consent power is intended as a check against the Executive’s power to appoint any unfit or unqualified nominees, or any who hold unconstitutional views. The President has a constitutional obligation to “take care the laws [enacted by Congress] are faithfully executed.” He thus does not have absolute power over inferior officers when there are statutes that limit presidential powers, and especially cannot impound (decline to spend) money lawfully appropriated by Congress. The Legislative Branch also may require the performance of certain duties by Executive Branch officials or constrain them from engaging in certain acts. The Judicial Branch, not the Executive Branch, has the constitutional power to judge the constitutionality of laws and executive acts. George Washington provides America and the world with a great example of a constitutional republican executive who defers to the legislature and judiciary, instead of usurping their powers and ruling autocratically. Americans would benefit from recalling Washington’s example today and be inspired to defend the constitutional principle of the Separation of Powers as a safeguard of liberty.