Feb 20th 2019

Sleepwalking into our Constitutional Crisis in the Age of Trump

by Juan Cole

Juan Cole is the Richard P. Mitchell Professor of History and the director of the Center for South Asian Studies at the University of Michigan. His latest book, Engaging the Muslim World, is just out in a revised paperback edition from Palgrave Macmillan. He runs the Informed Commentwebsite.

Ann Arbor (Informed Comment) – From Trump’s very inauguration day speech, written for him by the fascist gadfly Steve Bannon and man still without a prom date Stephen Miller, it was apparent that the 45th president was a constitutional crisis waiting to happen.

And now, without our realizing it for the most part, the constitutional crisis is here.

The Constitution gives Congress the right to spend money and to designate how it may be spent. Republicans used that authority to stop the Obama administration from closing the Guantanamo Bay concentration camp, denying the president the funds necessary to shut it down.

Having the power of the purse lie with the legislature goes back to British parliamentary practice of the late medieval and early modern period. Making the king go to parliament for permission to institute a new tax for some new royal enterprise is a feature of the Magna Carta, the ‘Great Charter’ imposed on the king by the barons in 1215.

Trump’s ‘Declaration of Emergency’ over his trumped up border wall crisis is an attempt to sidestep constitutional principle and to have the president instead of Congress decide how appropriated monies will be used. In principle, Trump is doing what Reagan and his Iran-Contra criminal circle did in the 1980s, when the Congress’s Boland Amendment forbade the president to use US taxpayer money to support the right wing death squads or ‘contras’ in Nicaragua. Oliver North, Elliot Abrams and others just went around the Boland Amendment, illegally selling weapons to Iran and using the cash to support the contras. Those actions were unconstitutional, as Trump’s is today.

It seems that Congress will attempt to over-rule Trump. Some 16 states are already suing over the so-called emergency, and the House of Representatives may also sue. Congress may also attempt to stop Trump with legislation, and if he tries to veto it, they will attempt to over-ride the veto in both houses of Congress.

Trump will either get his way on the declaration of emergency or not, but either way he has provoked a constitutional crisis.

As a historian of the Middle East, let me just point out that declaring a state of emergency in that region is a means of creating a president for life. Hosni Mubarak of Egypt declared a state of emergency in 1981 when he came to power on the assassination by Muslim extremists of Anwar el Sadat, the former president. Mubarak’s state of emergency was not lifted until the 2011 youth revolution that unseated him. Often Middle Eastern regimes put nice rights into their constitution, as in Algeria, but then the military-backed declares a national emergency and sets aside the constitution, as happened in Algeria.

For an authoritarian president to declare a state of emergency in the Middle East signals a desire toe stay in power for the rest of his life.

Trump is of course creating numerous constitutional crises. He called for ‘retribution’ on Saturday Night Live in response to a skit by Alec Baldwin making fun of his wall obsession. In genuine democracies the president does not threaten satirists with ‘retribution.’ That is something Field Marshal al-Sisi would do (and has done) in Egypt. Satirist Bassem Youssef had to abandon his television show lest he face retribution from al-Sisi.

Trump’s attack on the first amendment and also his calling his top Justice Department and FBI personnel are all part of the general constitutional crisis

Browse articles by author

More Current Affairs

Oct 17th 2021
EXTRACTS: "But property-sector woes are not the only economic danger China faces in 2021-22. The Chinese government’s mounting crackdown on the country’s burgeoning tech sector may pose an even greater threat." ---- "According to a recent study by McKinsey & Company, the share of Chinese urban employment supported by private enterprises more than quadrupled between 1995 and 2018, from just 18% to 87%. The share of exports generated by the private sector more than doubled over the same period, from 34% to 88%. And private-sector fixed-asset investment jumped from 42% to 65% of the total. The message in the data is clear: clamping down on the private sector and threatening innovators is not the way to ensure sustained rapid growth. Chinese entrepreneurs can read the writing on the wall. They understand that their political and regulatory room to maneuver is shrinking, and that the balance has shifted in favor of state-owned firms and public officials. And they understand that this uneasy atmosphere is likely to persist."
Oct 16th 2021
EXTRACT: "We designed a programme that incorporated data from over 300 million buildings and analysed 130 million km² of land – almost the entire land surface area of the planet. This estimated how much energy could be produced from the 0.2 million km² of rooftops present on that land, an area roughly the same size as the UK."
Oct 6th 2021
EXTRACT: "Britain in the 1950s was wedded to the US, acting as a partner rather than leading the charge. Now, while the UK continues to support the US, the influence it has seems negligible. While it may bring comfort to the UK to feel it is a partner to a superpower, being its stooge or subordinate is an unpleasant place to be, no matter how much you tell yourself it values your opinion."
Oct 6th 2021
EXTRACT: "That was then. Now, the Chinese government has doubled down, with President Xi Jinping throwing the full force of his power into a “common prosperity” campaign aimed at addressing inequalities of income and wealth. Moreover, the regulatory net has been broadened, not just to ban cryptocurrencies, but also to become an instrument of social engineering, with the government adding e-cigarettes, business drinking, and celebrity fan culture to its ever-lengthening list of bad social habits. All this only compounds the concerns I raised two months ago. The new dual thrust of Chinese policy – redistribution plus re-regulation – strikes at the heart of the market-based “reform and opening up” that have underpinned China’s growth miracle since the days of Deng Xiaoping in the 1980s. It will subdue the entrepreneurial activity that has been so important in powering China’s dynamic private sector, with lasting consequences for the next, innovations-driven, phase of Chinese economic development. Without animal spirits, the case for indigenous innovation is in tatters."
Oct 5th 2021
EXTRACT: "Wartime nostalgia plays an important part in Britain’s instinctive fondness for the special relationship. Like former Prime Minister Tony Blair in the run-up to the invasion of Iraq in 2003, some British politicians might believe that the United Kingdom is the only European country with serious armed forces and the political will to use them. Prime Minister Boris Johnson, like Blair before him, seems to fancy himself a modern-day Churchill. Unfortunately (or not), Britain’s military power is insignificant compared to what Churchill could command in 1944. Wartime nostalgia has drawn Britain into several foolish American wars, which other European countries were wise to avoid."
Sep 24th 2021
EXTRACTS: "We have found that 47 million American adults – nearly 1 in 5 – agree with the statement that “the 2020 election was stolen from Donald Trump and Joe Biden is an illegitimate president.” Of those, 21 million also agree that “use of force is justified to restore Donald J. Trump to the presidency.” Our survey found that many of these 21 million people with insurrectionist sentiments have the capacity for violent mobilization. At least 7 million of them already own a gun, and at least 3 million have served in the U.S. military and so have lethal skills. Of those 21 million, 6 million said they supported right-wing militias and extremist groups, and 1 million said they are themselves or personally know a member of such a group, including the Oath Keepers and Proud Boys." ----- "..... the Jan. 6 insurrection represents a far more mainstream movement than earlier instances of right-wing extremism across the country. Those events, mostly limited to white supremacist and militia groups, saw more than 100 individuals arrested from 2015 to 2020. But just 14% of those arrested for their actions on Jan. 6 are members of those groups. More than half are business owners or middle-aged white-collar professionals, and only 7% are unemployed."
Sep 11th 2021
EXTRACT: "That long path, though, has from the start had within it one fundamental flaw. If we are to make sense of wider global trends in insecurity, we have to recognise that in all the analysis around the 9/11 anniversary there lies the belief that the main security concern must be with an extreme version of Islam. It may seem a reasonable mistake, given the impact of the wars, but it still misses the point. The war on terror is better seen as one part of a global trend which goes well beyond a single religious tradition – a slow but steady move towards revolts from the margins."
Sep 11th 2021
EXTRACTS: "Is it not extraordinary that in a country that claims to be as enlightened and advanced as ours, the combined wealth of three individuals – Amazon founder Jeff Bezos, Microsoft founder Bill Gates, and investor Warren Buffett – exceeds the total wealth of the bottom half of Americans? One has to return to the days of the pharaohs of Egypt to find a parallel to the extreme wealth inequality that we see in in America today." ...... "The top tax rate remained above 90 percent through the 1950s and did not dip below 70 percent until 1981. At no point during the decades that saw America’s greatest economic growth did the tax on the wealthy drop below 70 percent. Today it is somewhere around 37 percent. President Biden’s American Families Plan would increase the top tax rate to 39.6 percent – a fairly modest alteration, albeit in the right direction. It is true that there was a time when the top marginal tax was even lower than it is today: in the years leading up to the Great Depression it hovered around 25 percent."
Sep 7th 2021
EXTRACT: "But Biden can’t be blamed for the rise of the Taliban, or the fragile state of a country that has seen far too many wars and invasions. The US should not have been there in the first place, but that is a lesson that great powers never seem to learn."
Sep 4th 2021
EXTRACT: "The world is only starting to grapple with how profound the artificial-intelligence revolution will be. AI technologies will create waves of progress in critical infrastructure, commerce, transportation, health, education, financial markets, food production, and environmental sustainability. Successful adoption of AI will drive economies, reshape societies, and determine which countries set the rules for the coming century." ----- "AI will reorganize the world and change the course of human history. The democratic world must lead that process."
Sep 1st 2021
EXTRACT: "Although the Fed is considering tapering its quantitative easing (QE), it will likely remain dovish and behind the curve overall. Like most central banks, it has been lured into a “debt trap” by the surge in private and public liabilities (as a share of GDP) in recent years. Even if inflation stays higher than targeted, exiting QE too soon could cause bond, credit, and stock markets to crash. That would subject the economy to a hard landing, potentially forcing the Fed to reverse itself and resume QE." ---- "After all, that is what happened between the fourth quarter of 2018 and the first quarter of 2019, following the Fed’s previous attempt to raise rates and roll back QE."
Sep 1st 2021
EXTRACT: "Today’s economic challenges are certainly solvable, and there is no reason why inflation should have to spike."
Aug 27th 2021
EXTRACT: "To be sure, they have focused on their agenda, which is totally misguided—not by our own account but by the account of the majority of the American population, who view the Republican party as one that has lost its moral footing to the detriment of America’s future generations, who must now inherit the ugly consequences of a party that ran asunder."
Aug 21st 2021
EXTRACTS: "Now that so many sad truths about Afghanistan are being spoken aloud, even in the major media – let me add one more: The war, from start to finish, was about politics, not in Afghanistan but in the United States. Afghanistan was always a sideshow."--- "....the 2001 invasion was fast and apparently decisive. And so it rescued George W. Bush’s tainted presidency,..." --- "Bush’s approval shot up to 90% and then steadily declined,..."
Aug 17th 2021
EXTRACT: "The Taliban’s virtually uncontested takeover over Afghanistan raises obvious questions about the wisdom of US President Joe Biden’s decision to withdraw US and coalition forces from the country. Paradoxically, however, the rapidity and ease of the Taliban’s advance only reaffirms that Biden made the right decision – and that he should not reverse course. ...... The ineffectiveness and collapse of Afghanistan’s military and governing institutions largely substantiates Biden’s skepticism that US-led efforts to prop up the government in Kabul would ever enable it to stand on its own feet. The international community has spent nearly 20 years, many thousands of lives, and trillions of dollars to do good by Afghanistan – taking down al-Qaeda; beating back the Taliban; supporting, advising, training, and equipping the Afghan military; bolstering governing institutions; and investing in the country’s civil society. .... Significant progress was made, but not enough." ....... "That is because the mission was fatally flawed from the outset. It was a fool’s errand to try to turn Afghanistan into a centralized, unitary state. "
Aug 6th 2021
EXTRACT: "But even in the US, which is more lenient than most countries, the principle cannot be absolute. Inciting imminent violence is not permitted. Donald Trump’s speech on January 6, urging the mob to storm the US Capitol, certainly came close to overstepping this boundary. It was a clear demonstration that language can be dangerous. What the internet media has done is raise the stakes; “fighting words” are spread around much faster and more widely than ever before. This will require a great deal of vigilance, to protect our freedom to express ourselves, while observing the social and legal bounds that stop words from turning into actual fighting. "
Jul 27th 2021
EXTRACT: "When it comes to the Chinese economy, I have been a congenital optimist for over 25 years. But now I have serious doubts. The Chinese government has taken dead aim at its dynamic technology sector, the engine of China’s New Economy. Its recent actions are symptomatic of a deeper problem: the state’s efforts to control the energy of animal spirits." ---- "... the Chinese economy, no less than others, still requires a foundation of trust – trust in the consistency of leadership priorities, in transparent governance, and in wise regulatory oversight – to flourish. --- Modern China lacks this foundation of trust ."
Jul 25th 2021
EXTRACT: "It seems that they are, as the last 18 months have seen a remarkable expansion of the central banks’ fields of activity, largely driven by their own ambitions. So they have moved into the climate change arena, arguing that financial stability may be put at risk by rising temperatures, and that central banks, as bond purchasers and as banking supervisors, can and should be proactive in raising the cost of credit for corporations without a credible transition plan. That is a promising new line of business, which is likely to grow. ---- Central banks are also trying to move into social engineering, specifically the policy response to rising income and wealth inequality, another hot button topic with high political salience."
Jul 25th 2021
EXTRACT: "The EU’s ambitious unilateral climate strategy will transform Europe into a trade fortress, encourage green protectionism worldwide, and give other regions the opportunity to develop using cheaper energy. And without China, India, and the United States on board, other countries will be careful not to follow the EU in its self-appointed role as the world’s green guinea pig. If Europe is not careful, it will risk finding itself in a climate club of one. "
Jul 9th 2021
EXTRACT: ".... ruminants belch and fart methane, an extremely potent greenhouse gas. As a result, rearing beef cattle brings about, on average, six times the contribution to global warming as non-ruminant animals (for example, pigs) producing the same quantity of protein. ..... if projected to 2050 [beef production], would use 87% of the total quantity of emissions that is compatible with the Paris climate agreement’s objective of staying below a 2° Celsius increase in temperature."