Anyone who thinks the conflict between the Democrats in Congress and Trump and the Republicans is just more partisan bickering needs to pay closer attention. It is possible that the future of American democracy—flawed as it might be—is imperiled.
At the end of the Constitutional Convention of 1787, a Mrs. Powell of Philadelphia asked Benjamin Franklin, “Well, Doctor, what have we got, a republic or a monarchy?” With no hesitation whatsoever, Franklin responded, “A republic, if you can keep it.” Franklin’s warning is relevant today.
The U.S. Constitution mandates three co-equal branches of government—the legislative branch, the presidency, and the judiciary—with the legislative branch, the Congress, possibly having a bit more importance than the other two branches as it is specified in the first Article of the Constitution.
By refusing to cooperate with Congressional requests for information that Congress is entitled to get, and by expressly disobeying lawful subpoenas Trump and his people are thwarting the role of Congress in general and violating laws in particular. These requests for information are occurring because now the Democrats control the House of representatives. Republicans in the Senate, and the House when they were the majority party, not only failed in their oversight responsibilities. They have used their committees to protect the inappropriate deeds of Trump.
Robert Reich sums up the situation:
“By issuing a blanket refusal to respond to any congressional subpoena, Trump is saying Congress has no constitutional authority to oversee the executive branch. He’s telling America that Congress is a subordinate branch of government rather than a co-equal branch. Forget separation of powers.
“By spending money on his ‘wall’ that Congress explicitly refused to authorize, Trump is saying that Congress no longer has any constitutional authority over spending. Goodbye, checks and balances.
“By directing the attorney general, the Justice Department, the FBI, and the Secretary of the Treasury to act in his interest rather than in the interests of the American people, Trump is saying that a president can run the government on his own. Adios, Constitution.
“By unilaterally threatening to cut off trade with the second-largest economy in the world, Trump is saying he has sole authority to endanger the entire American economy
“By doing whatever he could to stop an investigation into Russian interference in the 2016 election, including firing the head of the FBI, Trump has told America it’s OK for a president to obstruct justice. Goodbye, law.”
While legal experts predict that Trump and his henchman will lose, Trump is poisoning the atmosphere as his unconstitutional actions are presented as rational arguments, thus misinforming the public.
Further, nothing in the Constitution suggests that a president cannot be charged with a crime. But that is one clear and visible way the Justice Department limited Mueller’s investigation. If a president cannot be prosecuted for a crime, we are closer to a monarchy than a republic.
To protect the Republic and the rule of law, the House of Representatives, led by Democrats, must move toward impeaching Trump. And they must ignore the possibility that such actions will hurt Democrats in the next election. Much more is at stake.
To shirk this duty is to do the Nero—fiddle while Rome burns.