Presidents’ Day missed the point; George Washington ignored

 

Gordon L. Weil

Presidents set precedents.  Or break them.

At this time of year, we celebrate Presidents’ Day, but officially it is Washington’s Birthday in honor of George Washington.  The abandonment of a patriotic memorial for a bland, commercial holiday leads me each year to write a column to recall the greatest president. 

As the first president, Washington understood that he would establish precedents and practices that could influence American history, perhaps for centuries. Having been offered the chance to be king, he chose instead to focus on developing democracy.  Asked to pick his title, the general selected “Mr. President.”

Today, many of his precedents continue, though they increasingly face challenges, not the least from Donald Trump, his latest successor.

The most well-known of Washington’s precedents was limiting his service to two terms.  Established in 1797 and only once challenged, this custom was enshrined in the Constitution.  It was a simple and direct statement that the U.S. wants no king.  Democracy is a greater good than the leadership of any person.  

When King George III, the British monarch who lost America, learned that Washington would voluntarily give up the presidency, he said, “If he does that, he will be the greatest man in the world.”

Upon leaving office, Washington set the precedent of an orderly transfer of power to his successor.  He understood that popular confidence in the American system of government depends on its reliable continuity.  Not only do elections have consequences, but consequences deserve respect.  That’s the fabric of the system.

Washington had chaired the negotiations on the Constitution, making him not only preeminent among the Framers, but an expert of the balance of powers within the federal government and between the federal government and the states.  He respected the leading role of Congress in making the laws, while emphasizing his own role as the chief executive.

He made it clear that he was in charge.  Executive orders began with him, but he did not use them as a substitute for legislation. He sent his own proposals to Congress, and he used the veto power.  He respected Congress and delivered the first State of the Union address in person.

In naming the heads of the executive departments and his Supreme Court appointments, he applied two standards.  Those named had to have shown high competence, and they should have already acquired a public reputation that would give them popular respect.

He saw the Court as the final judge of check and balances and believed that the justices had to be people of the highest standing with voters and have impeccable reputations.

Washington did not demand personal loyalty, though undoubtedly he received it.  He did require commitment to the constitutional system.  After all, he was leading the government of the United States not the government of George Washington.

Washington created the Cabinet.  The heads of departments would form a group of people to discuss proposed policies with him and one another.  There was no doubt that he would make the final decisions, but he did not let his self-esteem, as modest as he was, get in the way of listening to competing opinions.  He listened more than he talked.

The Cabinet was led by Thomas Jefferson and Alexander Hamilton, who were continually at odds, giving the president conflicting advice, which is just what he wanted. The key issue was the size and role of the federal government.

Washington favored a strong government, which he saw as necessary for the U.S. to prevent local uprisings.  He also favored the expansion westward of the country.  Jefferson sought an agrarian nation with weak federal powers and modest aspirations and quit the Cabinet.  As the third president, he ultimately adopted Washington’s views.

In his historic role, Washington wanted to conduct himself in ways that set a standard for his successors.  He remained open to contact with the public.  He met with foreign representatives both to impress upon them the growing power of the U.S. and to gain information from them.  Not surprisingly, the ex-general was the most active commander-in-chief in American history.

Possibly possessing the highest net worth in the country at the time, he did not flaunt his wealth. He put his business affairs entirely aside while he held office. Despite his international standing, surprising for the head of a new country, he avoided making claims to have special skills or talents.

Much of this history is forgotten.  To be sure, a state, a city, counties, and avenues are named for him, but he has become a two-dimensional figure, the portrait on the dollar bill.

Presidents’ Day has obscured the attention that Washington deserves.  What he did for the country could continue to serve as a model for his successors, if we took the trouble to remember.

 

Is Trump breaking the law?

 

Gordon L. Weil

“He violates international law.”  “It’s unconstitutional.”  “It’s against the law.”

That has become the usual response of opponents of new Trump-Musk public policies.  President Trump is accused of actions violating the laws he dislikes. Federal courts are already dealing with legal challenges to the Trump political whirlwind.  What are his chances of prevailing?

As for international law, it grows out of treaties and similar agreements among nations or their commonly observed customs.  Other than losers in war, countries seldom have international laws imposed on them without their consent. International law is somewhere between the law of the jungle and traditional national law.

An agreement like the U.S.-Canada-Mexico trade treaty or the NATO pact committing the U.S. to defend others create international law.  If the U.S. moves against other parties’ understandings of those accords, there’s no international court authorized to decide if it acted lawfully.  There’s a slim chance that a complaint might come before a U.S. court.

Enforcement of international law is mainly left to the other countries affected. They may accept a U.S. move, retaliate or simply quit the agreement.  Both sides may suffer from any of these actions.  If Canada or Mexico cannot afford to oppose Trump’s tariffs that override the trade accord, they may have to let him amend it unilaterally.

The U.S. has historically opposed international courts that could hold it accountable.  International law usually means whatever the American government says it does. If it can’t be held legally accountable, the greatest risk is that other nations will lose trust in the U.S.  If Trump doesn’t care, he could conclude the U.S. is immune from international law.

Under the American legal system, his actions can be judged to see if they are in line with the Constitution or federal law.  The final decision is up to the courts, and the federal government, the states and the people are supposed to abide by their rulings. 

What if the president and the executive branch use powers not given to them by the Constitution or Congress or, even more seriously, openly violate the law?  In the recent case of Trump v. the United States, the Supreme Court closed the door on any legal charges against a president except for a purely personal act.  And it gave itself the power to decide what is purely personal. 

That leaves the only potentially effective way to determine if a president has violated the Constitution or laws entirely in the hands of the courts and, ultimately, the Supreme Court.  If the Court finds a violation of law, the president is expected to comply, and government officials need not follow an illegal order.

Trump has raised some major matters that will undergo court tests.  The Supreme Court previously ruled that anybody born in the U.S., except children of foreign diplomats, is a citizen, but Trump has tried to block that rule for the children of illegal residents or visitors.  He may hope that Republican judicial appointees will back him, but so far that’s not happening.

Trump and Elon Musk are closing federal agencies, created and funded by Congress, by depleting or suspending their personnel. The Supreme Court has previously found that presidents cannot refuse to spend appropriated funds or operate agencies simply because they disagree with the law.  

Vice President JD Vance, trained as a lawyer, rejects court control. He maintains that judges should not overturn the “executive’s legitimate power.”

Trump-Musk might receive a negative court order and simply ignore it.  That’s what one federal judge has already found.

If Trump succeeds, possibly helped by judges he put on the bench, it’s questionable if there are any limits on what he may do.  The Court has already moved to overrule Congress and allow the “unitary” presidency, potentially giving Trump power over the regulatory agencies Congress created. 

Trump and the Supreme Court limit Congress, originally intended to be the leading federal institution.  The last remaining legal obstacle would be for Congress to impeach and convict him. With Republican majorities in both houses, that won’t happen. No president has ever been convicted.

The president is trying to transform the government.  He halts the application of some existing laws and governs by executive order, relying on what he sees as approval by the voters of his campaign promises.  If Vance is correct, the courts are political, not legal, agencies and cannot object.  

At stake now is more than the fate of any agency, program or personnel.  If neither Congress nor the Supreme Court limits the actions of the president, then nothing Trump does would be illegal.

Will the balance of powers among the three branches of the federal government survive or have the people chosen to abandon the checks and balances that the Constitution created in favor of an all-powerful president?

 

Trump turns government around

 

Gordon L. Weil

President Trump is the new captain of what Longfellow called the Ship of State.  He tries to turn the federal government around completely – and quickly.

Captain Trump’s moves to reverse course are both bold and dangerous, creating tests that the captain of any huge vessel might encounter by acting abruptly to completely change direction.  The ship itself could be endangered.

Here’s a few basics about turning a supertanker, the largest vessel afloat, though it is a lot smaller than the U.S. government.

Normally, the ship slows and swings in an arc to reverse direction.  That’s made more difficult with an entirely new crew.  The captain doesn’t steer the ship; the person at the helm does, and they may be given a free hand in how the course change is executed.  They should turn carefully or they could damage the rudder, which is used to steer the ship.

In making the maneuver, the ship is supposed to follow the rules for navigation.  That keeps the ship and other vessels safe.  A careful turn also allows people on board to adjust.

That’s how it is supposed to work at sea.  How is turning the country around being managed by Captain Trump?

Trump changes directions fast, and his commands are causing some immediate problems.  He does not want the government to slow down, so the U-turn is both abrupt and potentially dangerous.

The shipowners’ representative, the U.S. Congress, worries about the sudden course change, but Trump has begun operating the government in ways that may violate laws passed by Congress.  He risks being held to account by it at some point, which may explain why he wants to execute the change in direction as quickly as possible, while Congress is muddled.

He has placed Elon Musk at the helm, giving him broad authority over changing the direction of government. The new crew, many with little government knowledge, is recruited based on their loyalty to Trump.  Musk runs his own businesses as he wishes, but he lacks experience with the more complex federal government or following congressional requirements.

Musk has swung the helm so hard that some people have been tossed overboard, maybe his intention.  The person who operated the multi-trillion-dollar federal payment system independent of politics is such a casualty.  Entire executive agencies are being pushed overboard, breaking through congressional lifelines.  Musk’s private-sector crew acts without restraint.

Meanwhile, there’s turmoil on board.  Commands from the White House may miss operating realities and their full effect.  Trump ordered a halt to much federal spending without realizing that he had gone even beyond his own intentions.  When he issued the order, the ship shuddered. 

He rescinded his command, but the defunding may not have stopped.  A federal judge questioned whether the decision to cut spending is still in effect, even if the order has been recalled.  After all, this captain does not like to change his mind.

Not only does his swift course change violate international rules and U.S. treaties, but it can harm other countries.  Agreements exist to prevent conflicts, but the new American crew seems to dismiss treaties. Trump even changed the name of a major international waterway, calling it the “Gulf of America” without first talking with other nations using it.

Not yet having completed the change of course, Trump’s ship began lobbing missiles in the form of tariff threats at neighboring, traditionally friendly vessels.  He attacks Canada and Mexico and threatens Europe.  Inevitably, they would retaliate, while swerving away from the U.S., after a dangerous bluff that may cost America loyal allies.

Captain Trump not only wants to change the course of the U.S. government, but he wants to remodel the country itself.  Though his navigation correction may be short-sighted, he may also have long-range intentions for countries ranging from Panama to Denmark.  He has the absurd and insulting idea that Canada, a world player, can be reduced to becoming the 51^st state.

Just as was believed when the U.S. isolated itself after World War I, Trump believes that America’s power can control events worldwide.  Elected under the banner of “America First,” his message is translating into “America Most” at the expense of others.  He deploys tariffs, but doesn’t rule out the use of force. 

Just as before, this policy ignores the ability of other countries to change course, not always for the best.  His policy may turn into “America Alone” and the consequences are unknown.  The aftermath of the original “America First” was Pearl Harbor and World War II.

Even without planned globalism, nations have become interlinked over the last 80 years.  No matter Trump’s intentions, no single country can pull all others along in its wake.

But there’s even more at risk than overly aggressive Trump-Musk navigation. This rapid course correction could damage the rudder – the American political system.