Trump threatens what truly makes America great

There are many things that make America great and unique. But the foundations of American greatness are a focus on individual rights and a concern for the exercise of arbitrary political power. These were evident at the founding and have been a through line throughout U.S. history. Trump’s actions are eroding both fundamental American ideas.

Let me lay out the foundations first and then discuss Trump’s actions. The founders were very concerned with individual rights, especially the rights of criminal defendants. If you read the Bill of Rights, 5 of the 10 amendments (the 4^th through the 8^th) are explicitly about the rights of criminal defendants. The only three individual rights specifically mentioned in the text of the Constitution (without the amendments) are rights that protect criminal defendants.

The rest of the Bill of Rights (as do the rights mentioned above) focuses on freedoms that can be seen to protect against the arbitrary use of political power. The first amendment contains the 5 democratic freedoms, which allow the free expression of political and religious speech and activity without government interference. If we take the most extreme interpretation of the 2^nd amendment, which many MAGA folks like, it is to offer protection against a tyrannical government. The 3^rd amendment prevents the government from quartering soldiers in our homes. The 9^th amendment says the previous 8 amendments are not a comprehensive list of our rights and that there are unenumerated rights, and the 10^th amendment gives remaining power to the states and the people.

The text of the Constitution itself lays out a structure of government that gives most power to Congress, then divides that power between two chambers and makes it really difficult to pass laws. Why Congress? Because it is the most representative and democratically accountable part of the government. If you are concerned about individual rights and arbitrary use of political power, you give the most power to the most democratically accountable part of the government.

Why were the founders so concerned about these things? Well, you just need to read the Declaration of Independence to find out. Not the “life, liberty, pursuit of happiness” part but the boring list of grievances. I’m sure you’ve seen the memes floating around the internet about the grievances that Trump has also violated. For example, “For depriving us in many cases, of the benefits of Trial by Jury”. Or “For transporting us beyond Seas to be tried for pretended offences”. Or “He has refused his Assent to Laws, the most wholesome and necessary for the public good.”

The founders believed the King of England was acting tyrannically, meaning not respecting their unalienable rights and abusing his power by not respecting the law. There has been much discussion about due process but that is because it is fundamental to protecting individual rights and preventing arbitrary use of power. Due process protects individuals because the government must demonstrate, in a court of law, that they are justified in limiting the individual’s rights and freedoms.

Authoritarian systems, whether King George III or Vladimir Putin, do not respect due process. They arbitrarily imprison people, limit political/religious speech/activity, disregard laws that are inconvenient and make decisions not following proper channels. What has made America great is that it aspires to be better than this. And when it fails, which it has many times, individuals can point to the protections of the Constitution, the Bill of Rights, the 14^th amendment, and the concept of due process. This has allowed the United States to become prosperous (private property rights and respect for contracts) as well as leading to massive waves of immigration to the U.S. from all over the world. These immigrants have added to the economic prosperity of the U.S., as well as its political and cultural richness.

Trump’s actions are a full-on attack of these foundations. Let’s start with the detainment and deportation of immigrants (legal and otherwise). The Supreme Court, and other federal courts, have decided that the individual due process rights of the immigrants have been violated. Trump, and Stephen Miller, have both suggested that the government cannot possibly give every single individual their day in court. That would take too long. They are all criminals anyway, so just trust Trump and his administration. It is clear now that deporting them to the prison in El Salvador is a way for the Trump administration to get them out of the U.S. legal system, so they do not have to abide by the protections afforded to individuals.

Smarter MAGA folks may argue that non-U.S. citizens do not have due process rights, but the Supreme Court disagrees. In several war on terror cases the Court ruled that due process and habeas protections are not connected to the individual but are the responsibility of the government. In other words, whoever the U.S. detains, regardless of their citizenship status, are granted due process and habeas rights. This was true for Al Qaeda members held in Guantanamo Bay and is true for illegal aliens held in U.S. prisons, or in El Salvador prisons that the U.S. is paying for.

Of course, not all the individuals shipped to El Salvador are violent criminals. By some estimates 90% did not have a criminal record in the U.S. Some, like Abrego Garcia, seem to have legal status to be in the U.S. Presumably, if these individuals received their day in court, many of them would not be deported. The Trump administration's refusal to grant them basic legal rights is the type of arbitrary use of political power seen in authoritarian governments.

Trump has also demonstrated his refusal to follow decisions by the Supreme Court. The court earlier ordered the government to work on bringing Garcia back to the U.S. Trump has essentially said once they are in El Salvador they are outside of our control. This led the Court to issue a late-night decision preventing the government from shipping another batch of people to El Salvador. The official White House account tweeted the image above, bragging about the fact that Garcia is never coming back to the U.S. A clearer violation of the Supreme Court and the rule of law is hard to imagine. Illegally deporting people so they are not subject to U.S. legal protections demonstrates Trump’s disdain for the founding principles of the country.

Of course, the trampling of individual rights will not just be limited to non-citizens. It appears that several U.S. citizens have been caught up in the sweeps for illegal immigrants. Trump’s attacks on institutions of higher education (another institution that has made America great) threatens first amendment speech rights. As does Trump targeting news outlets, such as the Associated Press, for what they print and Trump’s targeting of law firms so they will not represent certain clients. All of these will get worse before they get better, unless the institutions push back (like Harvard is doing).

Trump’s on again, off again tariffs are another example of his disregard for the principles of the American founding. One of the complaints of the founders against King George was “For cutting off our Trade with all parts of the world”. This is why the Constitution very clearly gives the power to levy tariffs with Congress. Trump’s abuse of the tariff power delegated to the President by Congress is a clear case of arbitrary use of political power. Trump has ostensibly suggested that the fentanyl crisis is an emergency that allows him to impose tariffs under the International Emergency Economic Powers Act of 1977. Initially this was invoked for tariffs on Mexico, Canada, and China. Where the power for Trump to put tariffs on the rest of the world comes from is unclear.

The economic meltdown that has ensued over the past several weeks demonstrates the economic cost of such arbitrary abuses of power. The U.S. has become an economic powerhouse largely because people view it as safe. It is safe due to its strong rule of law and limitations on government abuses of power. If those go away, then the U.S. is no longer a safe investment. You see this in the stock market, in the bond market, in the weakening of the dollar and in the capital flight to other countries.

I could go on and on. In almost every way Trump has not only demonstrated a disregard for the Constitution but the underlying principles of the American founding. More than any president in my lifetime (and perhaps ever) he lacks an understanding of what makes America great and unique. He demonstrated this in his first term but was somewhat checked by those around him. That has not been the case this time around. If not stopped, he will continue to erode the rights of individuals and checks on political power until the U.S. is no longer a democracy.

I have been surprised and a little concerned about the lack of calls for impeachment and removal. Almost every day Trump and his administration take actions that are far worse than Watergate. Every Democrat in Congress should be calling for the impeachment and removal of Trump. Every serious Republican who claims to love the Constitution and America should be calling for his impeachment and removal. It is the most obvious action to make America great again.