Saturday, March 5, 2011

Collusion

You probably learned in school about separation of powers, and how in our system of government the divisions between the federal legislative, executive, and judicial branches provide something called "checks and balances" in order to prevent any one branch from becoming too powerful.

What was never explored, at least in my formal education, was whether the system actually performs as designed -- whether it is at least moderately effective in restraining abuses of power by the federal government. I contend that it has failed miserably, based on evidence far too voluminous to present here of intrusions upon freedom not imagined by the founders of our nation. It appears that, while in theory the separate branches are responsible for opposing each other in defense of the rule of law, they have no interest in doing so. This suggests that the separate branches are mutually interested in the concentration of power within the federal government in general, knowing that it will benefit each branch in particular.

There are perfectly legitimate instances of mutually interested action, for example when competing organizations join together to promote a product produced by their industry, as in the promotion of milk in a way that does not necessarily benefit a particular dairy producer. The problem with mutual interest is when it is used for fraudulent purposes, and becomes collusion.

Collusion, agreement between two or more persons to defraud persons or institutions of their legal rights, or to obtain an object forbidden by law. All acts effected by this means are considered void. (emphasis added)


Does this sound like anything happening in America today? Does it suggest a solution?