The idea of checks and balances in government was based on the idea that power corrupts and the safest way to manage government was to spread the power out. As originally conceived, each branch would watch the other two and hold them accountable when they tried to reach beyond the boundaries of their office. They did not anticipate the lack of vigilance by the Legislative Branch.
Special Interest Groups realized long ago that they could end run the Legislature by bringing social issues before the Supreme Court . A judgment in their favor had the effect of law. If they couldn't get the Legislature to pass a law (because of the will of the people), they could get a judge to accomplish their goal another way.
The Executive Branch has also gained power. The Framers gave the power of executive order to the president because he was responsible for administering the federal government. Like any executive, he could make rules which everyone in the administration was responsible to follow. As the Federal government grows, his power grows. When we ask the Federal government to fund our roads, schools, and healthcare, we also allow the president to make the rules with regard to how that law will be implemented.
In this way, the states have lost considerable amounts of power, influence, and self-government. They must wade through mountains of federal red tape to get a project done. They must also pursue the President's favor as lobbyists for the welfare of their state.
How can this trend be reversed? Shrink the size of the Federal government by balancing the budget and then incrementally reducing it. Return funds and responsibility for programs to the states. Let states compete with each other and not the federal government. Finally, this fall, vote for members of the Legislature who will stand up for their right to make law and not to let that power slide to one of the other branches.
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