Rachel Maddow warned that one of the trajectories on the transition from democracy to tyranny would be the “hollowing out” of Congress. The implied threat would be a concentration of power under the Executive Branch. For comparison, she noted, “There’s a reason actions of the Russian Duma never make news.”

Could the powers of the Legislative Branch be overtaken by the Executive? The following are some stated intentions of Donald Trump for his second term, and why the answer to that question could be yes.

George Washington emphasized the importance of separation of the branches of government, lest they would collectively create “a real despotism.

  • Use of recess appointments: The Constitution makes an allowance for provisional appointments while the Senate is in recess. But Trump intends to exploit this as a way around the Senate confirmation process.
  • Impounding of appropriated funds: Trump seeks to end Congress’s ‘power of the purse’. The Constitution says that funds can only be spent in the context of laws passed to appropriate said funds. Trump claims that President Jefferson used what is known as Impoundment Power to halt spending, and that such power was available to the president until the Impoundment Control Act of 1974 was passed. Trump plans to challenge this as unconstitutional.
  • Curbing independent agencies: Since the late 19th Century, Congress established certain government agencies and made them independent. Over time, this went on to include the FCC, FTC, SEC, National Labor Relations Board, the Federal Reserve and others. Trump is planning multiple angles to put these agencies under his executive control.
  • Politicizing the civil service: Trump plans to create a new ‘Schedule F’ to grant him full power to remove any employee “whose position has been determined to be of confidential, policy-determining, policy-making, or policy-advocating character.” This would allow him to rid of about 4,000 political appointees in federal agencies, and axe 50,000 out of 2.2 million federal employees.

Will a majority Conservative Congress see fit to enable him in these aims? If so, will it set precedents that will leave Congress neutered in administrations to come? Will the Judicial branch be able or see fit to provide challenge to these adventures? Read more in the articles below:


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