In his first term, President Trump seemed to relish ripping through the norms and standards of self-restraint that his predecessors had respected. Three weeks into his second term, hand-wringing about norms seems quaint.
Other presidents have occasionally ignored or claimed a right to bypass particular statutes. But Mr. Trump has opened the throttle on defying legal limits.
“We are well past euphemism about ‘pushing the limits,’ ‘stretching the envelope’ and the like,” said Peter M. Shane, who is a legal scholar in residence at New York University and the author of a casebook on separation-of-powers law. The array of legal constraints Mr. Trump has violated, Mr. Shane added, amounts to “programmatic sabotage and rampant lawlessness.”
Mr. Trump has effectively nullified laws, such as by ordering the Justice Department to refrain from enforcing a ban on the wildly popular app TikTok and by blocking migrants from invoking a statute allowing them to request asylum. He moved to effectively shutter a federal agency Congress created and tried to freeze congressionally approved spending, including most foreign aid. He summarily fired prosecutors, inspectors general and board members of independent agencies in defiance of legal rules against arbitrary removal.
More than two dozen lawsuits have been filed so far challenging moves by the Trump administration, though many overlap: At least nine, for example, concern his bid to change the constitutional understanding that babies born on U.S. soil to undocumented parents are citizens.
Courts have temporarily blocked that edict, along with his blanket freeze on disbursing $3 trillion in domestic grants from money Congress appropriated. And a federal judge has temporarily blocked the transfer of a transgender federal inmate to a male prison, pausing a move in line with one of Mr. Trump’s executive orders.
But those obstacles so far have been rare in Mr. Trump’s blitzkrieg, which has raised the question of whether, in his return to office, he and his advisers feel constrained by the rule of law.
This week, Mr. Trump moved to effectively dismantle the U.S. Agency for International Development and fold its functions into the State Department, making Secretary of State Marco Rubio its acting director. He had already crippled U.S.A.I.D. by imposing a “temporary” freeze on disbursing foreign aid that Congress appropriated, which as time passes is increasingly at odds with the Impoundment Control Act of 1974.
Since the first Congress, it has been the legislative branch — not the president — that decides how to structure the executive branch, creating departments and agencies, giving them functions and providing them with funds to carry out those missions. And Congress has enacted laws that say U.S.A.I.D. is to exist as an “independent establishment,” not as part of any executive department.
No matter. On Monday, Mr. Trump was asked whether he needed an act of Congress to do away with the agency. He dismissed that suggestion and insulted the officials who work there.
“I don’t think so, not when it comes to fraud,” Mr. Trump said. “If there’s fraud — these people are lunatics — and if — if it comes to fraud, you wouldn’t have an act of Congress. And I’m not sure that you would anyway.”
Rumors abound that Mr. Trump is weighing executive actions to at least partly dismantle the Education Department, another component of the government that Congress has mandated exist by law.
Mr. Trump and his appointees have also been firing people in naked defiance of statutes Congress enacted to protect against the arbitrary removal of certain officials, like civil servants or board members at independent agencies.
For example, Mr. Trump shut down three agencies by ousting Democratic members before their terms had ended. That effectively hobbled the agencies, the National Labor Relations Board, the Equal Employment Opportunity Commission and the Privacy and Civil Liberties Oversight Board, because they were left with too few officials to have a quorum to act.
Congress created those agencies to be independent of the White House, and all three have been understood to have forms of protections limiting the president’s ability to remove their leaders without a good cause, like misconduct, although only the labor board statute says that. Regardless, Mr. Trump flouted the limit.
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1 comment:
We've been told many a time that we're in a constitutional crisis. This is the first time since Watergate that I've felt that really to be true.
I retired at the end of 2024; I'll turn 70 this year. I used to joke, after November, that I was glad I was going to get the payments started before January 20, so that Trump couldn't get his greedy hands on them. I have, after all, been paying into social security since I was 16, and this is very much my own money that's at last coming back.
Big joke. Elon's now taken control of the federal purse, and the richest man in the world hasn't been shy about his contempt for ordinary working people. Now I don't really think the social security spigot's going to be turned off anytime soon. But all my (and your) personal confidential information is now his, and if he takes a dislike to anyone he can turn it off, legally or not, and, following Trump's life-long playbook, laugh and say "sue me."
(I should add that I knew a few Dallas business men who were associates of a man on Nixon's "enemies list," and they were duly audited by the IRS every year until his resignation.)
I also think of the ladies with social security and medicare who so helped me in the last months of 2024, getting me needed paperwork, helping me set up online accounts, answering particular questions, helping track down a problem when paperwork from the local retiree health care authority didn't timely reach them. All have now received the nastygram from Elon telling them they should quit now and find a real job before Trump fires them.
I know another individual, a young physician, who works for the CDC overseas. She was sent to west Africa during the Ebola outbreak and was part of the team that contained it. She was involved in polio eradication programs in Afghanistan and Ethiopia during civil wars. More recently she has spent night after night sheltering from Russian bombardment in Kiev. A more loving and courageous person I've never met. I haven't heard news of her in some months, but if she hasn't been fired yet it can't be long in coming. The tnanks of a grateful nation.
It's not just the constitutional crisis, a president who not only thinks himself unbound by the law and the constitution, but is thrilled every time he defies them, supported by a cowardly congressional majority. It's become more personal, a sense of shame at what America is becoming, and a sense that it can't just be blamed on Trump, since practically every outrage was an express campaign promise. This is the way we've chose to go.
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