We are witnessing slow constitutional collapse in the US

Stalin

Well-Known Member
Joined
Apr 4, 2008
Messages
3,802
anyone who wonders how a civilised nation like 1930's germany lapsed into dictatorship, need look no further than the TV set

"...The United States has long been in a state of constitutional erosion. The role of Congress, the most representative of the federal branches, has been dwindling for decades, as gerrymandering and malapportionment have made its two chambers less competitive and more partisan, leading to permanent gridlock and dysfunction. Congress was once endowed with both the power of the purse and the sole power to declare war; it has largely handed the latter off to the executive, endowing the president with broad powers to use the US military abroad even without congressional approval and has not seemed interested in taking that power back.

illustration of blurry photos of people with number '100' in white
Trump 100 days: Trump’s whirlwind start to his second presidency
Read more
Now, the Trump administration seems to have also usurped Congress’s power of the purse for the executive, declaring that the president may refuse to appropriate congressionally allocated funds by personal fiat. This is a profound constitutional change, one that shifts a massive power into the hands of one man; and again, Congress does not seem to be interested in this assault on its own prerogatives, with even many Democratic leaders seemingly preferring to have less power – and, hence, less responsibility.

For a long time, the decline of Congress meant the ascent of the federal judiciary, which appropriated large swaths of de facto policymaking authority to itself in light of congressional paralysis. This was already a degradation of democracy: the unelected judges came to have far too much influence over federal policy. And the judges were not the neutral, non-ideological referees that they claimed to be: many interpreted the law to be maximally deferential to the whims of the powerful and only minimally respectful to the rights of the less powerful.

The US supreme court, in particular, seemed to change its doctrine almost as whim based on whatever outcome would best serve conservative priorities. Indeed, the judiciary itself seemed more than willing to share in democratically unaccountable power with the president, so long as that president was a Republican: it declared last year that the executive was immune from almost all criminal prosecution, thereby carving out a category of person – Donald Trump – to whom federal criminal law mostly does not apply. But even this wildly partisan federal judiciary does not seem to be good enough for the restored Trump regime, which wants to eliminate all possibility that its agenda might be checked by the courts: JD Vance, the vice-president, has taken to complaining in public when judges rule against the administration, claiming, falsely, that they do not have the authority to check the executive. But such petulant little demonstrations may not long be necessary: increasingly, the Trump regime is simply ignoring judicial orders that it does not like.

Critics of the Trump administration have called this state of affairs a constitutional crisis. I have come to think of it more like a constitutional collapse: long vacant, the vestiges of the US’s democracy are crumbling to the ground, falling like an empty tent. We don’t yet know what, exactly, will be erected in its place.


comrade stalin
moscow
 
Werbung:
Back
Top