At our May 8 meeting, the shadow of Donald Trump hung over our democracy
like a shroud. That Trump is a threat to
our democratic institutions clearly troubled the Wise Guys, and gave rise to a
number of questions, all of which were addressed during the meeting. Issues such as the meaning of executive
power, the value of real knowledge, and the policy implications of executive
privilege were discussed at length.
It was realized that Trump has a casual relationship with the truth. It
is not clear whether he is telling lies, is ignorant or is actually delusional.
In any case, his statements appear to be akin to propaganda. His lack of
awareness of the limits of presidential power raises the question as to whether
he is a legitimate head of government. Jeff questioned as to who is actually in
charge of our government. This led to a discussion of the role of separation of
powers and how this affects the Trump administration. Earl mentioned Wayne
Morse as the sole legislator to oppose the Viet Nam war, a plea for genuine
leadership in our perilous time. Ultimately
the question was raised as to how to rid us of Trump in a constitutional manner.
All these questions were dealt in some fashion with the master’s thesis
of Bob Campbell. Bob introduced this document at the start of the session. His
thesis dealt with the role of the executive and the role of executive
privilege. These issues, which are normally difficult to comprehend, were
presented in a clear fashion, accessible to all interested individuals.
Bob began the 2nd chapter of his thesis with a discussion of the
powers of the executive provided by the Constitution. He noted that Article II opens with the statement,
“the executive power shall be vested in a president of the United States. ” The
meaning of these words is that the executive power shall not be shared with
others, but should be reserved only for the individual charged as the chief
executive. He stated further that the President is charged with the duty and
responsibility to see that that the laws be faithfully executed. Bob admitted that this wording is somewhat ambiguous,
and problems arise as to what powers are inferable from that duty. Bob explained
the role the executive plays in carrying out those duties. Those favoring a
more active role will see it differently from those who are more passive. He
thus compared Theodore Roosevelt, to Howard Taft. Roosevelt favored a stewardship relationship,
wherein the power of the president is limited only by specific restrictions
imposed by the constitution. Taft, on the other hand, believed that the
executive can no exert no power that is not be traced to or implied in the
constitution. Roosevelt is associated with the Progressive Movement, which promoted
a powerful central government.
Bob then discussed in a competent fashion how separation of powers
prevents the chief executive from seeking and gaining dictatorial powers. The separation of powers is a complicated
issue and requires further comment. Separation of powers encompasses a variety
of reciprocal interactions between the divisions of government. The President
can initiate laws by requesting congressional representatives to introduce
these proposals as laws, and yet the President can veto laws, which can in turn
be overturned by Congress. Similarly the judicial branch can declare presidential
actions as non-constitutional, but the president does have the power to appoint
judges, whose views correspond to his own.
Bob then went on to discuss
executive privilege wherein the executive can withhold information if he
considers that its disclosure would be harmful. This concept is open to interpretation
and might be used to excuse Trump’s misuse of information
Trump clearly suffers from a severe character disorder characterized by sociopathy
and extreme narcissism His delusional thinking raises the issue of psychosis.
The most disturbing question is whether our destiny is tied to that of Trump. Heraclitus
reminds us “character is destiny”. Let us not follow Donald Trump into this dark
night. Let us remember that there are constitutional ways to replace a
president. We can simply await the next election and fail to vote for him.
Alternatively, the Constitution provides for removal of the president either
through the mechanism of impeachment or alternatively through resort to the 25th
amendment. According to the impeachment clause: The President, Vice President and all Civil Officers of the United
States, shall be removed from Office on Impeachment for, and Conviction of,
Treason, Bribery, or other high Crimes and Misdemeanors.”
(U.S. Constitution, Article II, section 4)
(U.S. Constitution, Article II, section 4)
According to the 25th amendment: “Whenever the Vice President and a majority of either the
principal officers of the executive departments or of such other body as
Congress may by law provide, transmit to the President pro tempore of the
Senate and the Speaker of the House of Representatives their written
declaration that the President is unable to discharge the powers and duties of
his office, the Vice President shall immediately assume the powers and duties
of the office as Acting President.”
(U.S.
Constitution, Amendment 25,Article II)
Let us hope that one of these remedies can
serve to rescue us from the Trump grip.
Posted by Arthur Banner
Posted by Arthur Banner