After reading the umpteenth article [example here] from congressional voices talking about what President Trump needs to do in order for the legislative branch to reauthorize FISA (702), it’s worth reminding everyone how we accept goofy just because goofy has become the norm.
The FISA (702) issue belongs entirely to the legislative branch. It is their work product. It is their enacted law, albeit with an expiration date. The executive branch has nothing to do with the law. If congress doesn’t reauthorize a law they have enacted, that’s on the legislative branch – not the executive branch.
The legislative branch enacted a law; it could be unconstitutional and has never been tested in the Supreme Court. However, it is their law. If the same legislative branch allows the law to expire, that’s entirely their choice. The executive branch can do nothing to reauthorize a law that is entirely in the purview of the legislative branch.
President Trump should not accept the legislative branch dysfunction as if it is his problem to solve. It’s not his monkey.
Somehow the baseline of responsibility has been permitted to shift from the Legislative Branch to the Executive Branch, and the media are apparently clueless about how the separation of powers actually functions. Even if the Executive Branch wanted to reauthorize it, they can’t.
Somewhere in our modern discussions of things, we have lost sight of the roles and responsibilities within government.






