The Constitution calls for a government divided into three branches, each providing checks and balances over the other branches. This is designed to limit the power of government and assure the sovereignty of the citizens. Over time, the Executive has become dominant, upsetting the balance. The Congress and the Courts have struggled with partisan gridlock and become unpopular with the American people. Congress has been unable to pass a budget since 2008. Senate filibuster rules expand the power of the minority party to block legislation.

Executive dominance is evident in 1) Executive Orders used since the 1940’s to create law the Legislative Branch never passed, 2) Signing Statements used heavily since the 1990’s to modify the effect of legislation after passage, 3) Expansion of regulatory authority vesting solely in the Executive through its burgeoning bureaucracy, and 4) defaults on the part of the Congress to a) Declare War, opting instead to vest the Executive with War Powers not explicit in the Constitution and b) inability to pass a budget since 2008 instead operating the government under a series of “Continuing Resolutions” and 5) the apparently satisfaction of the Supreme Court with the current state of affairs.

As unpopular as Congress has become, the career politician remains common, with incumbents overwhelmingly reelected. Average terms at the end of the 112^th Congress are twelve years in the House and 13.4 years in the Senate. Lobbyists and political parties have all but ended the idea of fair and honest representative government. Money and ideology have redefined the national interest. The Judicial suffers similar politicization with predictable 5-4 decisions confounding legal scholars but accurately reflecting the ideological balance of the Court.