SEPARATION OF POWERS
And A Constitutional Crisis
I’m under the weather and got out of bed to write this, so it will be brief.
Our Founders wrote the first three articles of the Constitution for a reason; to ensure each branch of government had specific responsibilities and to give each branch some control over the other two. Article I defines Congress and its responsibilities, Article II does the same for the executive, and Article III for the courts.
There ARE NO ENFORCEMEMT MECHANISMS, so each branch is expected to respect the authority of the other two within their spheres of responsibility. If Congress passes a law and the president signs it, the executive branch is expected to enforce that law. The Supreme Court has the authority to determine whether Congress and/or the president exceed their authority in specific circumstances. Etc.
If any branch does not accept the authority of the other two, we are in a CONSTITUTIONAL CRISIS and Madison’s carefully crafted republic is at risk.
And that is where we are.
Last week in a unanimous ruling (a VERY rare occurrence these days) the Supreme Court ordered the president to “facilitate” the return of Kilmar Ábrego García who was deported to El Salvador due to an “administrative error”. Trump and his administration refuse to do so (or they act like they are trying to comply but they really are not). That creates a constitutional crisis.
Garcia had lived in Maryland for about 15 years, has a wife and three children, is an apprentice sheet metal worker, and belongs to a labor union that has protested his arrest. If, as the administration alleges, he was also a member of a violent gang, that has not been established in court; the Trump administration expects us to take their word for it. In fact, as far as I know none of those deported to El Salvador were convicted of gang membership. And no, tattoos are not grounds for deportation. I have a Buddhist symbol tattooed on my leg even though I’m not Buddhist.
And Congress is twiddling its thumbs while the Constitution is being set ablaze.
So we are now officially in a constitutional crisis and the country I love is moving headlong toward a cliff from which there may be no return. I love principles of democracy, I love separation of powers, and I love this country. I hope I feel the same in five years.
I’ll now return to bed since I got that off my chest.
Thanks for following along.
David
The first few months of this administration have been a disaster. Can you imagine how four years of this will be?
Get well soon.
I agree. These are dark times, with little promise of light on the horizon. One has to wonder what dark power has taken control of the Republican Party and the majority of the Supreme Court. Russian kompromat on everyone? I'd guess this is almost certainly true of Trump, but the rest???
For most, simple greed might be an underlying factor, but if that were the case, why aren't Democrats also supporting this insanity?
Years of public brainwashing by the likes of Murdock, Musk, and the band of merry thieves (many NOT born here) through social media and Faux News is a big part of it, but I don't think it is the whole answer.