Constitutional Crisis

In a “sign of the times” posting on Facebook, a friend and Trump supporter stated, “I am confused. Is the President we Elected in Charge of America's Policies or R Unelected Judges really running America?” He is parroting the sentiments of our president which is to say he is espousing a revisionist version of our constitution.

In this “new and improved” version of the US Constitution, the president is now lord and master of us all. The courts may only support the mandates of the president and may never challenge his decisions, even when they violate the laws established by the Constitution. The courts may only see things one way and may only enforce those laws that get approval from the president or risk removal by impeachment. In his alternate reality, the laws are only there to support his decisions as president. All laws that would otherwise conflict with his desires are null and void, unless later needed to support him in another matter.

The most recent flaunting of presidential power unrestrained by a constitutionally established co-equal branch of government, Trump officials disobeyed a direct order of the court. Trump’s border czar, Tom Homan said, “I don’t care what the judges think.” He ignored the judge’s ruling and continued deporting migrants without due process. Trump’s Attorney General Pam Bondi stated that the judge had intruded on the president’s authority.

Since when is an official ruling from a court an “intrusion” of authority? We have a process in this country. The president has the right to appeal that judge’s ruling to the Supreme Court which has the final say. There were no exigent circumstances here that would have demanded urgent action, only a desire to make a political statement with a video of over 200 prisoners in shackles being shaved and then dragged across a prison floor in El Salvador. The president with this action openly defied the legal orders of a federal judge.

All federal judges are nominated by the sitting elected president and then confirmed by the elected members of the Senate as per the US Constitution. Saying that judges have no authority because they are appointed and not elected is saying that the US Constitution got it all wrong. There is no clause in that constitution that states the president has the final say in their interpretation of the law. While the president has great power as the head of the Executive Branch of the government, he is but one of three equal branches of our government. When it comes to interpreting the law, SCOTUS makes that decision.

In the Gilbert and Sullivan comic opera, The Mikado, they introduce the Grand Poobah (Pooh-Bah). He is the prideful character who holds numerous exalted offices, including "First Lord of the Treasury, Lord Chief Justice, Commander-in-Chief, Lord High Admiral ... Archbishop ... Lord Mayor" and "Lord High Everything Else." Trump must think his election as president of the United States also meant that he was its’ Grand Poobah. I would remind him that this title was also held in high regard by the secret society, the Loyal Order of Water Buffaloes in the cartoon tv series, The Flintstones.

Trump has surrounded himself with a group of nihilistic extremists who are tearing at the very fabric of our nation. They have rejected all societal norms and moral principles. They believe that all values are baseless and have no purpose. Talks of a Constitutional crisis are not premature, in fact, that ship has already left port and someone forgot to close the bilge plug.