Smoky The Barely Tolerant
Government by Those Who Know the Game
🔥 Smoky the Barely Tolerant: Government by Those Who Know the Game
Opening
We talk a lot about “our democracy,” but not much about how it’s actually supposed to work. Most people couldn’t explain what each branch of government is for, and many of the ones who can are frustrated that the system works the way it does.
They want the Court to “do something.”
They want the President to “just fix it.”
They want Congress to “stop fighting” and “get it done.”
In other words, they’re upset that the machine won’t run like a lawnmower. One button, one person, one result. But it was never meant to. It was built to be slow, frustrating, and resistant to concentrated power. That was the point.
The branches are starting to forget their important and complementary roles. And so are we, the People. In the void, a different kind of government has emerged. Government by the people that know how to play the game.
🔥 Smoke Signals: Constitutional Drift
🔹 Judiciary as Policy-Maker
The Supreme Court is increasingly expected to resolve major political questions rather than strictly interpret law.
Both right and left now treat it as a policy engine, not a legal referee.
This shifts the Court from its constitutional role of applying law to making law by interpretation.
The judiciary is meant to reflect the law, not the will of the moment. Changing its structure to achieve outcomes turns it from a limit on power into a tool of power.
Example: Obergefell v. Hodges short-circuited state-level legislative debates by judicial fiat. Whatever you think of the result, the process bypassed legislative legitimacy.
🔹 Executive as Legislator
Modern Presidents increasingly use executive orders and regulatory agencies to enact policy that Congress has either rejected or failed to pass.
Biden’s attempt to cancel up to $20,000 in student debt under the HEROES Act was blocked by the Supreme Court. However, the administration has still canceled over $130 billion in debt through targeted relief using existing programs.
Trump redirected military funds to build a border wall after Congress refused to fund it, citing emergency powers.
In both cases, the executive branch did not merely execute law. It stepped in where Congress had stalled.
The presidency is now the branch most skilled at navigating or bypassing the rules. The more that works, the more Congress fades into procedural theater.
🔹 Congress as Spectator
Congress writes vague laws, then hands them off to agencies to sort out the details.
This sidesteps accountability. Legislators avoid hard votes but still claim results. Their constituents can’t trace outcomes back to specific decisions, and that’s the point.
Over time, agencies have evolved into a de facto fourth branch, issuing rules with the force of law without being made by lawmakers.
Example: The EPA, CDC, and others regularly shape national policy while Congress limits itself to oversight hearings and televised outrage.
🔭 One to Watch: Judicial "Reform"
Proposals to restructure the Supreme Court through court-packing or term limits are increasingly framed as tools to achieve preferred outcomes.
These efforts confuse the Court’s role with that of a representative body. It is not meant to reflect popular will.
The judiciary’s legitimacy comes from its restraint, not its activism. When you reshape its structure to force your preferred rulings, it stops being a check on power and becomes a servant of it.
This is not just dangerous. It is a category error.
Closing
The danger is amnesia and apathy. Many people don’t understand the roles of the three branches, and many of the rest don’t care. And if they do, they’re often angry that those branches don’t just do what they want.
It’s like saying, “The judiciary is keeping the executive from governing effectively.” That is not dysfunction. That is the system working as designed to prevent overreach.
But those roles have oozed into one another. What we’re left with is not government by the people, but government by those who know how to play the game.
If this continues, if the functions blur completely, if the People no longer understand the role of the Constitution, they can’t truly hold their elected officials accountable at the polls.
We’ll die of smoke inhalation while sleeping in our beds, and won’t even feel the flames.
Yes. This makes me nervous. I don't even know how judges can have a political lean fundamentally. In practice, yes, their rulings lean may one way more frequently, but that is a flaw to me! I studied journalism in high school, and at the time, even reporters supposedly had integrity and were unbiased, let alone the judicial system, a standard we could depend upon. I voted for Trump, but am seeing where his artful deals are positive and potentially trouble. Congress is a joke. Let's pack this bill with a bunch of crud we want and the other party doesn't. Wait, it failed? Let's waste some more time trying to get what we want, but in a slightly different way. It's like a high school popularity contest half the time too. You're not in the cool group if you don't vote nay, or I want attention- I am not voting with my party, and I'm not going to give a good reason either. Such a mess.