When attorneys and legal scholars talk about the Constitution, they proclaim its brilliance and thoroughness in defining our democracy. The founding fathers believed that establishing a government of three co-equal branches safeguarded against America ever becoming a monarchy. Having achieved independence from England, the founders were committed to securing a democracy that would indefinitely survive the challenges a republic would encounter. Yet, the powers bestowed on the presidency have proven to steer our government towards autocracy with the election of a highly unqualified, disordered, power-obsessed president.
Giving certain unique powers to the executive, judicial, and congressional branches satisfied the founder’s concern for protecting the individual rights of the people and the rule of law. Although the Constitution is an essential document with protections against autocracy and corruption, Donald Trump’s pathology has exposed loopholes in the paper, such as a president can be indicted and convicted of federal crimes and remain in power. The Republican Party and Trump are putting a match to the parts of the Constitution that limit their corrupt power grabs.
Additionally, Trump maintained involvement and ownership in his private businesses. He, along with his family and companies, have financially profited from his presidency. Despite the Emoluments Clause in the Constitution, Trump has been allowed to disregard it. Cases brought against him by Democrats for violating the Emoluments Clause have been dropped or avoided by the courts. The wording by the founders regarding profiting from the presidency allows Trump to promote patronage of his hotels and restaurants by foreign leaders who have political agendas with the United States.
Trump used his power while in office to gut essential departments related to the environment and public health. He rolled back protections and funding in those areas because they are not agendas that interest or enrich him personally or politically. The Constitution gives the president the power to change policy and redistribute funding at their discretion, a privilege based on the assumption they possess the qualifications to make competent decisions. It is well-documented by his misstatement of facts that Trump does not understand the Constitution or the complexities of the issues that face America nationally or globally. I
Another flaw in the founder’s thinking was to limit the requirements to be president to being 35 years old and American-born. Believing that voters would never elect someone abnormal or grossly unqualified was an over-optimistic assumption by the founders. People have lost their lives, dignity, jobs, and hope over Trump’s disregard for the intended balance of power set fortho in the Constitution.
Trump took action during the impeachment inquiry to impede investigations and pronounce the process invalid. He took those actions despite the process being a constitutionally mandated right of the House of Representatives. It would have been helpful in the era of Trumpism for the Constitution to have declared a presidency to be terminated if it violated any component of the values and intentions of the rule of law. Such behaviors appear traitorous, yet there are no remedies in the Constitution for immoral attacks on the foundational aspects of our democracy. In other words, you can be mean, dishonest, criminal, and disrespect all elements of democracy and stay in office. I am sure constitutional scholars’ heads will spin over my opinions on the flaws in the U.S. Constitution related to presidential power.
It is concerning where the corruption and disordered thinking of Donald Trump have taken this country. This message embodies the fear of how much more damage he will do to the foundation of our democracy if he is re-elected and is no longer dependent on the support of a base. The authoritarian, racist ideology he has normalized threatens democracy and America’s integrity. Hopefully, justice will prevail and his cancerous assault on democracy and decency will die.
