ANS -- Debunking the “3‑Coequal Branches” Myth

This is a short article with an idea new to me, which makes it interesting.  I don't know who Darrell Eldridge is. What do you think?

--Kim

Darrell Eldridge ·dnorSoepstmi5htlf04g5i383517f0620cth86g5ta97026thuu0m07tf2ti ·

Debunking the “3‑Coequal Branches” Myth

We’ve repeated the phrase “three coequal branches” for so long that people assume it’s constitutional. It isn’t. It never was.

The Constitution does not create three sovereign power centers. It creates one supreme power — legislative power — because only legislative power produces supreme law, the binding decisions and actions of the States as the Union.

Everything else is subordinate.

What the Constitution Actually Establishes

• The States as the Union assembled in a congress hold all determinative authority.

• The executive is an instrument to carry out the determinations of the Union — with no discretion to originate them.

• The judiciary is a determinative instrument to determine the effects of laws and government actions — not to create policy or meaning.

Why “coequal” is a myth

• It implies three independent sovereigns.

• It erases the hierarchy of vested (supreme) vs. established (subordinate) powers.

• It turns operators into determiners and determiners into spectators.

• It has no textual, structural, or historical foundation.

The architecture is simple

• Legislative power is supreme.

• Executive and judicial powers are subordinate.

• The States as the Union assembled in a congress determines.

• Civil officers execute laws faithfully, under the Union — not beside it, not above it.

• Officers of the Court adjudicate to resolve conflicts and disputes and determine redress for grievances when laws disenfranchise or otherwise disproportionately affect the States or the citizens of the States.

If we want a functioning constitutional system, we must start by restoring the structure we actually have, not the mythology we’ve been taught.