Trump vs Ameica

February 17, 2019

in Law,Politics

Trump is trying to usurp, and essentially eliminate, the Congress. Though logic is not in his vocabulary, the next logical step would be for him to treat the Supreme Court with similar ignorance and contempt.

It seems that the idea of co-equal branches of government is almost universally accepted. However, a careful reading of the Constitution should correct that. That idea almost always travels in tandem with the concept of checks and balances. The later is correct but hitching to some idea of co-equal does not raise that to the level of fact.

It’s true that the Supreme Court has the right to declare laws unconstitutional but the Congress can and does respond with sneaky ways around such judgments.

The president can appoint Justices to the Supreme Court but the Court can disappoint the president. Also, the president requires the consent of the Senate to appoint Justices.

While the president can veto acts of Congress, they may override any veto.

Both houses of Congress must agree to any acts, but that is a part of checks and balances.

The Senate does have the responsibility of advice and consent to appointments and treaties, that is not quite equal to a power restricted to the House.

The founders understood that, however idealistic some of their ideas might be, the real power is in the purse. Money rules and no monies can be authorized unless the House does so by originating the necessary legislation.

Trump asked for demanded funding for his wall/fence/barrier/peach. The House refused. Then he tries an end-run around the House by declaring an “emergency.” In his hubris, Trump was kind enough to provide the lawyers opposing that action with various denials that it really is an emergency. To wit: “I didn’t need to do it now.” and a few more.

Also, his plan to use funding for the military and military personnel for and on the wall won’t fly. Those funds cannot be transferred to civilian projects. The military does have some discretion on the spending of funds allocated to them but they still must be used for the military, not a civilian project.

The Democrats have pointed out that if he succeeds in thwarting the Congress on this, a precedent is set for future presidents to override the Congress by declaring emergencies for climate change, universal health care, guns, etc., etc. Talk about scaring the bejesus out of the GOP.

I feel an even stronger danger is that, once the Congress has been neutered, the next obvious target for elimination is the Supreme Court.

If that is permitted to happen, then Emperor Donny the First is an inevitability. Goodbye, American dreams.

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Wainio

Thanks for sharing, this is a fantastic blog. Much obliged.

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