Congress should hold Trump accountable

 

Gordon L. Weil

“The Man Who Would Be King.”

That’s the title of a short story (made into a movie) by Rudyard Kipling, a famous British writer.  The tale is about a man who works his way to absolute regal control.

The question today is whether that title would apply to President-elect Donald Trump.  Maybe what Kipling made happen in a distant land can’t happen here.

“In England,” Alexander Hamilton wrote in arguing for the Constitution, “the king is unaccountable….”   American presidents should have comparable powers to kings.  But, unlike the royals, they could be held both politically and legally responsible. 

Presidents are subject to elections plus check and balances from other parts of the government.  They may also face “legal punishment,” Hamilton said.  In short, presidents should be king-lite, only kept from full power by being held accountable.

The Constitution allows a president to be both convicted by the Senate and subject to prosecution for the same actions.  This July, the Supreme Court sharply limited presidential exposure to prosecution and retained final control to decide what matters could go to court.  That watered down Hamilton’s promise.

Proven immune to impeachment and conviction and given a free pass by the Supreme Court, Trump wants a clear path, unimpeded by the Constitution and laws, to unchecked action.  To him, the election means winner-take-all. The Democrats struggled to explain what they meant about a “threat to democracy,” but that would be it.

Take the current case. The Senate is supposed to give its “advice and consent” to key presidential appointments. It has sometimes rejected presidential choices.   To reach a decision, it investigates the nominees, holds public hearings, and then votes.  This is part of checks and balances.

If the Senate recesses for more than 10 days, the president may make a “recess appointment.”  The appointee may serve without Senate review until the end of the current Congress, as long as two years.  In practice, the Senate now avoids lengthy absences, so recess appointments have disappeared.

Trump wants the new Senate to take a recess shortly after it begins work in January, too early to justify a break.   He could then install in office for two years people who might turn out otherwise to be unacceptable to the Senate.

Some senators, with Maine Republican Susan Collins among the leaders, say they will insist on the normal confirmation process, perhaps sped up.  The big government split may be institutional not political, between Congress and the president rather than between Republicans and Democrats.

Congress comes ahead of the president in the Constitution to emphasize its role as the lead institution of the federal government.  The world has become more complex, so the president must deal with complicated and fast-moving matters.  However, national policy is supposed to be decided by the people’s representatives.  It’s still the constitutional role of Congress.

If it insists on applying checks and balances, Congress might improve its tattered reputation. Trump could try to totally discredit it or accept some limits, knowing he can count on strong GOP support for most of his policies.

The Connecticut government commissioned a study on what makes governors strong or weak.  It could help in evaluating Trump’s presidential power. 

For his formal powers, he would be rated strong, because he was independently elected, picks his own administration, has veto power and enjoys legislative backing.  But he does not control the budget, and his appointments must be confirmed.

For his personal power, Trump’s overall weak popularity does not undermine his political appeal.  He enjoyed a clear election mandate, which must be seen as a positive report card on his first term.  And he pulled off an historic comeback.  These are attributes of a strong president.

On balance, Trump could end up with that rating.  His reputation as a successful president may depend on how well he can work out an institutional deal with Congress.  He stands to gain more power by cooperating with a GOP Congress than by stirring up unnecessary turf wars.  By asserting itself, Congress could restore some of its lost powers and recover its reputation.

In foreign affairs, presidents have great scope, so Trump may also become a strong leader by adopting popular policies and avoiding unnecessary domestic disputes. Closing the border may well be broadly popular, but not mass deportation.  He could unilaterally end military conflicts by forcing concessions on some countries, but avoid high tariffs that would bring high prices. 

Kipling’s king makes unwise and egotistical use of his power, bringing his downfall.  The people realize they have been misled, rebel and dump their king.  That’s the usual fate of absolute rulers.

Even as he dreams of a third term, Trump must understand that his presidential legacy – strong, weak or wise – is being made now.

As Trump advances, could a GOP Congress follow?

Gordon L. Weil

Conventional wisdom is dead.

No pundit’s opinion on the election could foresee the assassination attempt on Donald Trump or the debate debacle of Joe Biden.  Both events changed everything, especially for the Democrats.

Even before these developments, Biden struggled to stay even with Trump in the polls. This is not a good position for an incumbent president, even when running against a former president.  Now, Biden and the Democrats are in even greater risk of losing.

First, whatever the poor historical record on presidential assassinations, the attempt on Trump merits the strongest condemnation, no matter one’s politics.  There’s too much loose talk about violent solutions to political disputes, and it may make a potential assassin feel justified.  They aren’t and never should be.

The attempt impels us to look at the person who is president and their meaning to us.

When the Constitution created the office of President of the United States, the title described the person who was the formal chief of state and head of the federal government.  The much-revered George Washington could be succeeded by lesser leaders, because their role was restricted to heading a limited government.

By the time of the Civil War epoch, that changed.  The President of the United States became the leader of the American people.  Beyond overseeing the faithful execution of the federal laws, the president came to embody the political, moral and economic leadership of the nation.

Whatever his policies and practices, Trump comes across as a personality inspiring loyalty and respect from a large part of the population. The assassination attempt and his defiant clenched fist reply elevated his status even further. Brimming with confidence, he picked Ohio Sen. J.D. Vance, sure to be absolutely loyal to him, as his running mate.

Whatever his policies and practices, President Biden comes across as a modest and goals-oriented president.  If you don’t want Trump, he represents himself as the solution. But he does not come as close as Trump to having the charisma and the aura of self-confidence needed by the nation’s leader.

While backing Biden and his policies, many Democrats seek his withdrawal from the race for the presidency.  His age has taken its toll.  While he might be right that he could competently serve, it is doubtful that he could provide the inspirational leadership that the country expects from a president.  Good enough is not enough.

If they have a chance of defeating Trump, it comes down to two possibilities.  Trump might commit an error that discredits him, but the assassination attempt has given him a lot of cushion. Or the Democrats could come up with a younger, compelling candidate who would provide Trump some real competition.

The current situation leaves the Democrats with problems in all three elections this year – for president, the entire House of Representatives and one-third of the Senate.

The presidential winner sometimes has “coattails” on which House and Senate candidates ride to office.  This year, however, the Democrats must hope to win enough congressional control to block some of Trump’s moves, should he win.  Their success was already in doubt before the Trump assassination attempt.  If he has gained, his coattails may have grown larger.

A Democratic candidate who makes a strong showing even if they fall short, could help encourage the balance that would come between Trump and a Democratic Congress.  If the Democrats fail, they may be forced to spend years in the political wilderness.

Biden has seemingly been convinced that his path to victory would come from more closely aligning himself with Bernie Sander’s progressive policies. That may have the effect of leaving behind centrist voters who seek more practical policies and fewer partisan red lines.

Though not an exact parallel, look at the reelection of Maine Gov. Janet Mills, who defeated Paul LePage, her one-term predecessor and a Trump loyalist.  She occupied the middle ground, occasionally leaning to the right.  And she benefited from the abortion wars and her recognition that progressive Democrats had nowhere else to go.

The Democrats could readily select a Biden replacement who could follow the same pattern, especially if they were to pick a dynamic, centrist woman.  It would also help if they adopt a simple message and talk less about abstract “democracy,” when what they mean is simply obeying the law.

Trump’s message, “Make America Great Again,” is feared by many as a return to the bad, old days – more polluted, more unjust, more economically unbalanced.

The Democrats could also send a similarly simple message that might resonate.  A suggestion: “Democrats – the American Way.” That slogan could imply that MAGA, Sander’s “socialism” and economic and ethnic injustice are all inconsistent with the nation’s traditional aspirations.

The Democrats need a message about how they will solve practical problems and a strong candidate to deliver it.