Dem 47
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GOP 53
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Trump Declares War--On Congress

It is perfectly obvious to anyone paying attention that Donald Trump wants absolute untrammeled power. That is something new. In Trump v.1.0, he had some policy goals, like building a wall and getting Mexico to pay for it, but now that he has had a taste of power and didn't wield it effectively in round 1, he wants to emasculate all possible sources of opposition and become an autocrat. There are three real sources of opposition to a would-be all-powerful president: Congress, the courts, and the media. He is working on managing all three.

In the first week of this term, he is focusing on making Congress behave like a trained seal. In quick succession, he violated three laws, all of them passed by Congress with large margins, to dare Congress to do something about it. First came TikTok. The law required him to ban TikTok unless there was substantial progress toward a sale of its U.S. operations. There has been no progress but he granted an extension anyway. Take that, Congress!

Then, Trump fired at least 17 inspectors general, despite a law requiring him to tell Congress about his plans to fire IGs 30 days before doing so. Take that, Congress!

Most recently, Trump impounded funds due to be disbursed, despite: (1) the Constitution granting Congress the power of the purse and (2) a specific Watergate-era law mandating that the president spend all funds as directed by Congress. Take that, Congress! He was waiting to see what Congress did. The heat got a bit too hot on this one, so yesterday he ended the impoundment—for the time being.

If all that Congressional Republicans do is cheer him on or at best remain silent, Congress will have been completely neutered and senators and representatives will bark when he asks for it, in the hopes of getting a small fish thrown in their direction. Some Congressional leaders have gone on the record approving of being stripped of their power. House Majority Whip, Tom Emmer (R-MN) said: "You need to understand, he was elected to shake up the status quo." House Republican Conference Chair Lisa McClain (R-MI) aid: "I think it's a long time coming. I hope this sets a precedent." It will be interesting to see how she reacts next time there is a Democratic president who tries to stifle Congress. Senate Majority Leader John Thune (R-SD) said it [the freeze on distributing funds Congress has appropriated] is "a normal practice at the beginning of the administration until they have an opportunity to review how the money is being spent." Actually, no. No president since Richard Nixon has tried this and his attempt led to Congress passing a law specifically banning the president from impounding funds.

Democrats, by contrast, didn't bark and then roll over. However, they have almost no power (except the fililbuster, for which they are probably thanking former senator Joe Manchin daily). Sen. Jeff Merkley (D-OR) called the situation a "constitutional crisis." Sen. Angus King (I-ME), who is not even really a Democrat, said: "I can never recall a time where the executive essentially tried to usurp the clear constitutional authority of Congress to authorize and fund programs." In 1972, King, then 28, was chief counsel to the Senate subcommittee on Alcoholism and Narcotics. As a trained lawyer working for a Senate subcommittee, he knew very well that the president usurping Congress' authority was one of those constitutional no-no's. Who's he kidding when he says he cannot recall such a time?

The second obstacle to Trump's becoming an autocrat is the court system. It is widely expected that Justices Clarence Thomas (76) and Sam Alito (74) will hang up their robes in June or shortly thereafter. Thomas is yearning to drive around the country in his luxurious RV provided by a "friend." The freebie vacations will suddenly stop, although he may not yet realize it. Alito can spend more time with his lovely wife, so she doesn't go around flying flags at their country house without even telling him. Trump is likely to choose replacements that are the Trumpiest hero worshipers he can find, without much regard to their qualifications. We doubt he will pick Aileen Cannon. It is too big a jump and four Republican senators might actually draw the line there. She will have to serve on the U.S. Court of Appeals for the Eleventh Circuit first. Then he can do it if he gets another opportunity later on. But if Thomas and Alito retire, Trump will have appointed a majority of the Supreme Court. No president since Dwight Eisenhower will have made this many appointments.

The third obstacle is the media. As you surely know, The Washington Post and the Los Angeles Times have already bowed to the emperor, when the owner overrode the staff's wish to endorse Kamala Harris. The New York Times has been also been cowed, but it is more subtle. Paul Krugman has written about this. CNN just dumped reporter Jim Acosta, who has challenged Trump. There are more, but most of them hope and pray they can do it quietly and not be called out for their cowardice.

In short, Trump's top priority in his first week is not the border or cutting taxes, as he promised, but starting down the road to muzzle all potential sources of opposition. It is a bit early to see how well that works out. Sometimes in politics things don't always turn out as you expect. (V)



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