The Future of Checks and Balances: Lessons from Trump’s Presidency
The Constitution Under Strain
The Constitution’s system of checks and balances was designed to ensure that no single branch of government could amass too much power. However, during the Trump Presidency, the framework faced significant strains as Trump repeatedly faced scrutiny. Trump’s administration challenged the established framework by exercising powers that could have overstepped the bounds established by Article I. Often he challenged the judicial system to stop him when he has had to follow the law.
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Comparisons demonstrate how the Trump administration repeatedly disregarded judicial decisions. For example, in a compelling defiance of judicial decisions, using the Alien Enemies Act of 1798 to order 137 Venezuelan migrants to be deported. Despite a federal court order to halt the deportations, the administration proceeded, asserting that the migrants were part of a terrorist gang. Moreover, in a separate case, Trump disobeyed a court order to refrain from deporting Rasha Alaee, a professor at Brown University. These examples illustrate a persistent pattern of ignoring judicial authority.
Congressional Powers and Executive Overreach
The refusal of Donald Trump to respect the power of the legislative branch of government consistently did not go away.
According to historian Zenchamon..
In a notable instance, Trump threatened to eliminate USAID, an agency funded and created by Congress, effectively nullifying the legislative branch’s authority. Further complicating Trump approach to usurp the powers of Congress, was through the corrupted use of the richest man in the world, Ilon Musk, as his hammer.
Despite numerous court orders mandating the payment of congressionally approved funds for international aid, the administration has consistently disregarded these rulings, allocating only a fraction of the required funds. This disregard for congressionally approved international aid funds hinders essential humanitarian initiatives. In countries facing war and disease, life-saving resources for food, shelter, and medical care are often jeopardized due to weak adherence to legislative directives.
In actual terms, court orders involving international aid were selectively ignored by the trump administration. This (implemented, and outlined here), ensured that only a fraction of the required funds (how much does the fraction actually total up to?)
<Table 1>What are some of the Trump administration policies that highlighted the disregard for the balance of power?
| Policy/Decision | Legislative Action/Direction Visited | Outcome/Defiance in Relation to Federal Judiciary |
|---|---|---|
| Deportation of Venezuelan migrants | Venezuelan migrants arrested, hurled, packed into aircraft and sent to Guatemala in bulk transporters | Filed an appeal against the situation immediately, mention the leeway taken by the department of homeland security section, |
| Refusal to pay for USAID activities | Have there been multiple occasions whereby the trump administration did not provide resources to fund USAID? | Currently, funds are currently limited severely? |
The tension between the executive and legislative branches raises questions about future trends in governance. The Biden administration, which must cautiously navigate these treacherous waters, enrichment versus conservation if value alignment comes into play involving a very clear, unambiguous presidential power. The key is preparedness in preserving the balance, although Hillary Clinton, running on the democratic ticket could face her own set of checks and balances should she be elected.
Judicial Independence and Executive Authority
The tensions between the Trump administration and the judiciary surfaced prominently during his tenure, the arrogation of powers over and over again by the Trump administration would clearly suggest a trend of ignoring legal orders and rulings.
In reaction to criticism, Chief Judge John G. Roberts Jr. issued a rare statement reiterating the independence of the judiciary. This development underscores the significance of upholding judicial independence amidst political pressures.
Future Implications for the Rule of Law
The administration’s five-year outrage represents a clarion call to uphold the rule of law and checks and balances.The dramatic events during Trump’s presidency serve as a cautionary tale about the need to safeguard the rule of law and ensure that no branch of government oversteps its bounds.
FAQ Section
Q: How did the Trump administration challenge the system of checks and balances?
A: The Trump administration challenged the system of checks and balances by repeatedly overstepping judicial orders and congressional directives, asserting presidential powers that bypassed established legal processes.
Q: What are some examples of the Trump administration’s disregard for judicial decisions?
A: Examples include the deportation of Venezuelan migrants despite a court order and the refusal to adhere to a federal court directive to allow Rasha Alaee to return to the United States.
Q: How did the Trump administration challenge congressional powers?
A: The administration threatened to eliminate USAID, an agency mandated and funded by Congress, and refused to comply with legislative mandates to allocate funds approved for international aid.
Q: What are the future implications for American governance based on the Trump presidency?
A: The future of American governance will require vigilance in upholding the rule of law, judicial independence, and the balance of power between the executive, legislative, and judicial branches. Concerns arise over the rule of law, written into the books by some governments like the ‘Truman Statist’ approach versus the ‘Democratic Tradition’ in preserving wide-spread checks and balances.
Pro Tip
Stay Informed:
The rule of law and the checks and balances system ensure that no single branch of government becomes too powerful. Stay informed about ongoing political developments and the impact on our governance through regular news updates, academic journals, and as well as podcasts.
*What’s your take on the future of checks and balances in the era democratic institutions threatened by unprecedented and similarly sized transitions of power??**
By engaging with these critical issues, readers can participate in shaping the future of democratic governance and contribute to its healthy, functioning, and sustainable-administered future.
Call to Action: Let’s Keep the Conversation Going
Share your thoughts and insights in the comments section below! We would love to hear your perspective on the future of checks and balances in the United States and the importance of upholding the rule of law. Your comments could spark a meaningful discussion and help us stay informed and engaged with developing government frameworks.