Hi ANS group.
I found this posted on Facebook. I don't know who this guy is, but it seems he teaches the Constitution to law students, and this seems to make sense to me. We have to stop this.
--Kim
My job is to teach the U.S. Constitution in law school. I want to share what all law professors I have spoken to in recent days believe is happening, regardless of political bent. It is this: We are in a constitutional crisis that is unprecedented and that may very well destroy the form of constitutional government our founders created more than 200 years ago.
A fact not enough people realize is that our constitutional democracy is fragile. It requires three co-equal branches of government with checks and balances baked-in to keep each branch in line. Each branch has a role, and under the Supremacy Clause, the federal courts have the authority to check the President by using their assigned right to "interpret" the Constitution and declare the President's orders (when challenged in court) either constitutional or unconstitutional.
When a federal court rules, however, it does not have an army to enforce its ruling. It can't make others follow what it says. Rather, we have always relied on the belief that our leaders will put the Constitution over themselves and their "needs of the moment," and will follow the Constitution. So far, our Presidents of both parties have done this. That is why our democracy has endured. Each past President of each party has taken the position that, "I am not bigger than the Constitution. I must follow the federal courts and the Supremacy Clause, even if I don't like it." In fact, no one has dared to suggest otherwise.
But what the Trump administration's lawyers and spokespersons are doing now is breaking from about 250 years of custom and practice when they argue that the checks and balances do not apply to Trump and does not have to follow federal court decisions that say his orders are unconstitutional. This position is unprecedented and extremely scary. Because guess what? He can get away with it if the people don't stop him, because the federal courts can't stop him. Remember, the federal courts do not have armies. Armies, the police, etc. are all under the Executive Branch.
The U.S. Constitution is an honor-code system. We have always relied on good faith that no one will break the pact. We have always taken the position that our Presidents will not defy the federal courts and, for that matter, that the American people would not elect someone who would do such a thing. But now we have elected such a person.
You might think, "But I love Trump's policies. Screw the federal courts who are holding him back." But that is short-sighted on your part. Once the system is broken, it is broken. Because then when a Democrat gets in office, that person can do whatever the hell he wants with no checks and balances. If he wants to send agents into your house and search it for evidence that you criticized the President and then lock you up in a jail cell somewhere without ever seeing a judge, you might say, "They can't, that's unconstitutional!!!" But if the federal courts agree with you and say, "Duh, that's definitely unconstitutional," the President doesn't have to listen to the federal courts. And the President won't have to anymore. Remember, Trump established that new principle overriding 250 years of norms and enshrined the President as King. No checks and balances. If Trump succeeds in what he's trying to do, a President in the future can do whatever the hell he wants.
I am not taking issue with any Trump voter or any of Trump's policies. If you love Trump's policies, that's great. But I believe that most Americans who love Trump's policies also love the Constitution and our Country and our Democracy, and don't really understand the magnitude of what is happening (or the news they are watching is not covering it). If you don't know what I'm talking about, please start once a week googling "Trump defies federal courts" or "Trump and checks and balances" and start getting educated, and then let your voice be heard. Call your leaders and if you support Trump say, "I support Trump and his policies, but he has to follow the Constitution and has to follow the federal courts." I will include links in the comments as they develop that will keep you abreast of this issue.
Edit: If you start bashingTrump or his policies in the comments I will delete it. This is about the checks and balances and separation of powers issues that everyone should be on the same page with. This is not about whether Trumps policies are good or bad.
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