By Richard Blumenthal
Our nation is careening toward a constitutional crisis — testing the independence of the American judiciary. President Donald Trump‘s foot is on the accelerator, but make no mistake: Republicans in Congress will be complicit in the damage done to our democracy if they do not find the political courage to place country over party, and to prioritize patriotism over partisanship.
Congress must immediately seize the moment for oversight and accountability, checking a president who is attempting to elevate himself above the law. Immediate action will require particular political courage from Republican leaders who must join a bipartisan effort to push back against the president’s bullying.
After a federal judge temporarily blocked President Trump’s ban on immigration from a number of Muslim majority nations, he responded with intimidating and threatening missives attacking the judiciary, and his personal invective and insults raise core constitutional dangers.
Donald Trump’s Tweets referring to the “so-called judge” and anticipating blame for anything “bad” reflect profound disrespect for an independent judiciary and the Constitution. They are disturbing evidence that the elected leader of the greatest democracy on Earth lacks even a basic understanding of core freedoms established by the rule of law.
His comments are an attempt to destroy the courts’ credibility and capacity to serve as a check on lawless executive action. His demeaning and disparaging comments about the judiciary have already started to undermine respect for judicial rulings that hold the president accountable to the people and our Constitution. Respect for these opinions is fundamental — without it, our democracy cannot function.
Numerous reports indicate that U.S. Customs and Border Protection officials across the country have failed to enforce federal court orders blocking President Trump’s recent executive orders. Instead, several of these law enforcement officers were reported illegally arresting, detaining and intimidating innocent individuals arriving in the United States. They further deprived individuals of the ability to communicate with family members and legal counsel and forced them on planes to leave the country. Such blatant disregard for the law and the authority of the courts must not be tolerated, much less encouraged by statements made by President Trump.
These destructive, denigrating acts must be stopped. We must speak out, stand up and act.
First, the heads of every federal agency involved with our nation’s borders — the departments of Justice and Homeland Security — should immediately issue in writing their clear pledge to respect and abide by whatever ruling the courts deliver with respect to these anti-American executive orders. They must send an unambiguous message to every person working at their agencies that vigilantism will not be tolerated and refusal to abide the court’s decision will be met with swift punitive measures.
Second, Congress must act. Our Founding Fathers entrusted the Congress with the power to conduct oversight and investigation of the executive branch. This responsibility is not ideological or partisan — it must be pursued with the same energy and rigor regardless of which party sits in the White House or wields the gavels of congressional committees.
The Republicans who were so quick to level charges of executive overreach and law breaking at the Obama Administration, have suddenly lost their appetite for investigating presidents. This would all be chalked up to run-of-the-mill partisanship if there weren’t so much at stake.
The coming years under President Trump will test the integrity of Congress and its members. The strength of our democracy and our country will depend on my colleagues across the aisle choosing to put down their partisan rhetoric and taking their oversight responsibility seriously.
Richard Blumenthal is Senator from Connecticut
==== Trump and all his Trumpkins!
Phony president Donald J. Trump has a crisis of literacy. He obviously hasn’t read the constitution and probably couldn’t understand it if he did. . The strength of our democracy and our country depends upon a citizenry willing and ready to ignore the illegitimate president and any of his hateful, stupid edicts. Hopefully his will and/or health will prove inadequate to the task of destroying our democracy.
John, a crisis of literacy is not limited to Trump on the national stage. We have our own crisis of literacy here on the Vanguard, as you have pointed out numerous times in the recent past. Reading is indeed fundamental, and reading isn’t just passing the eyes over the written material. It is comprehending what it means. The words of Psalm 115 come to mind.
The idols of the nations are silver and gold,
the work of men’s hands.
They have mouths, but do not speak;
they have eyes, but do not see;
They have ears, but do not hear;
neither is there any breath in their mouths.
John
I completely agree with your frustration and even the contempt in which you seem to hold the current POTUS. However, I would caution against the use of language that might inspire a disregard for the law. The last thing that this power hungry individual and his minions need is a reason to opt for more raids, for sending in federal troops, and ultimately the potential for declaring martial law. If anyone believes that this could not happen, I would direct you to his “offer” to send National Guard to Chicago. Some of us are old enough to remember how well that turned out at Kent State. And yes, it can happen here.
i have great regard for the constitution. I would inspire disrespect, contempt and unending civil confrontation for Putin’s puppet, and his evil minions. One hopes that no more than inspiring words and true patriot hearts will be sufficient to inspire people to throw the execrable scoundrels into jail for treason and sedition.
Good piece by Senator Blumenthal. People on both sides of the aisle need to see that regardless of their views on immigration, health care, taxes, etc., the seizing of power by the Trump administration is a threat to our democracy and should be decried by all. The balance of powers is important, but it is not automatic, and we must all — all — fight to defend it, or we will all — all — regret it.
It’s really rather stunning to me that this article hasn’t received more comments. Here is a quote from Stephen Miller, Trump’s senior policy advisor, appearing on CBS’s “Face the Nation”:
“Our opponents, the media and the whole world will soon see as we begin to take further actions, that the powers of the president to protect our country are very substantial and will not be questioned.” http://www.cbsnews.com/news/face-the-nation-transcript-february-12-2017-schumer-flake-miller/
I call on everyone, Republicans, Democrats, members of other parties, and the unaffiliated, to condemn this strongly and publicly.
Or do people not see a problem with an administration who insists that they “will not be questioned”? Do people really not see that this threat goes beyond partisan politics?
Roberta
I also found the comment about not being questioned to be chilling. Another comment from Miller also stood out for me. He stated that the branches of our government are equal. It do not think that he appreciates that “equality” does not mean that they have the same function. He seems to believe that POTUS has the ability to decide what is and is not legal because the executive branch is “equal” to the judicial branch. From some of POTUS statements it seems that he also believes that his interpretation regarding constitutionality is equal to that of the courts.
I agree with you that this is not about partisan politics but rather about a fundamental misunderstanding of and/or disregard for the foundational principles of our country.
Wow, yes, if that there is their understanding (or deliberate “misunderstanding”) that is very disturbing indeed.
I am also finding it disturbing that so many people who were fired up over the constitutional right to freedom of speech seem much less concerned about the Constitutional separation of powers – because right now I am mostly hearing crickets.
Crickets, according to folklore, say a lot… the number of chirps per minute are supposed to be a gauge of ambient temperature…
Well, and that’s a chirp from you, Howard – or would you care to make a stand in defense of the separation of powers?
Sorry… was trying to be ‘punny’…
As a student of history (not my profession, but history has been very important in my professional life) I ABSOLUTELY believe in the separation of powers… kinda’ recall some of the founding ‘parents’ (word it that way, so as not to ‘offend’), the concept of the separation of powers included the concept of having a saucer under a teacup… to enable it to cool (or ‘chill’)… find the common ground… let the pendulum settle to a true point… choose your metaphor.
What is playing out on the current EO re: immigration/travel/refugees is classic… the executive branch ‘took an action’, the judicial branch said ‘hold it’, and we’ll have to see where the legislative branch goes, if it falls to them… the ‘system’, however imperfect, is working. I actually trust that the separation of powers thing will lead to justice.
Please remember that the Emancipation Proclamation was an EO… Lincoln couldn’t even convince one member of his Cabinet to support it… never went to Congress or the Courts… this prez is no Lincoln, and his EO is abhorrent… yet, it didn’t take that long for Lincoln’s concept to be adopted by the legislative branch, and supported by the judiciary. Just don’t see that happening with the current prez and his EO. Even with a same party advantage in congress.
Four out of four judges have ruled to stay the EO… the first was a Republican, appointed by a Republican president… one of the three who backed that call was a Republican, appointed by a Republican president… so far the prez is 0 for 4…
Yes, Roberta, there is a damn good reason for clear separation of powers (apologies to the author of “‘yes Virginia, there is a Santa Claus”)… at least in my fervent belief…
Howard, glad you are supporting the separation of powers and glad that you think it worked in this case. I do too. I am just worried because I see Trump’s words as an attempt to undermine the judicial branch (not to mention his attempts to undermine the media). I am also worried because I don’t see the legislative branch playing the role that it should. So I think we all need to be vigilant and support the institutions that support our democracy.