Do You Still Feel Trump Was The Right Choice For President?
With much of the country wringing its hands over
Donald Trump, allow me to be the bearer of some good news: Several good things are happening to the
American system of government as a result of his presidency. Admittedly, I am turning to the somewhat
perverse law of unintended consequences to find these, but systems are
retooling to protect themselves from President Trump and the result could be
very healthy, both now and in the long run.
First, Congress is reawakening to its leadership role
in policy-making and legislating. The
founders understood Congress to be the “first” of the three branches, worrying
whether there would be sufficient “energy” in the executive, while
acknowledging that the judiciary, as Alexander Hamilton put it, would be “the
least dangerous branch.” All of that has
been turned on its head, with the modern presidency since Franklin Roosevelt
vying with the courts for first place, while Congress keeps giving up its
powers and is now a distant third in federal importance.
However, that seems to be changing. Congress is actually debating and making
policy now, since President Trump does not seem interested in that. In health care, for example, Trump has made
it clear that he cares less which version of health care replacement we get
than getting one, notching a win on his presidential belt.
So Congress
has actively debated, now even in bipartisan discussions, key issues such as
preexisting conditions, individual mandates, the extent of coverage, and the
like. The president has left a
sufficient policy vacuum that Congress has had to step up.
War powers are also bestirring our Congress. Representative Barbara Lee (D-CA) has long
been a lone voice questioning the extensive war powers delegated to the
president following 9/11. Now, perhaps
more nervous with President Trump as commander in chief, the House Appropriations
Committee surprisingly put forward a defense spending bill that removed the
extensive war powers.
Then House
Speaker Paul Ryan had a surprise of his own, deleting the war powers
limitation, but acknowledging that there was some way to have this debate. In addition, another amendment was added
requiring that the president provide a report to Congress on his strategy
vis-à-vis ISIS. So at least Congress is
moving, again in a bipartisan fashion, to restore its constitutional power over
war.
A second bright spot is a resurgence of federalism, a
rebirth of action and authority at the state and local level. California is leading the way, opposing
Trump policies on immigration and the environment with its own aggressive
plans. Attorneys general in several
states have joined to challenge Trump’s executive orders on immigration. Governors have risen up to point out to
Congress how repeal of the Affordable Care Act could affect Medicaid and the
opioid problem in their states. With
government power traveling a one-way street to Washington, DC for decades, this
reawakening of state power swings the pendulum back in a constitutional manner.
We could also say that the Trump presidency has
changed the debate about checks and balances and separations of power in our
constitutional republic. For years now,
progressives have argued that these mechanisms built into the Constitution by
the founders are archaic and prevent progress, stopping the implementation of
the democratic voice of the people. Now
people are friendlier toward these power-balancing mechanisms.
Donald Trump
has expressed frustration with the Constitution, calling it “a relic” and “very
bad for America” because it encumbers action.
Now many who were critical of checks and balances only months ago find
them a comfort.
History swings like a pendulum, going too far in one
direction but then shifting back toward an equilibrium. Several forces—Congress, state and local
governments—are gathering energy to push back against the president. These welcome forces would not only
counteract this president but also, in the larger picture, rebalance a federal
government and presidency that have grown too powerful over the last century.
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