THIS DEAD HORSE QUESTION REQUIRES
MORE BEATING
“What makes a movement
Fascist is not ideology but the willingness to do whatever is necessary –
including the use of force and trampling on the rights of others – to achieve
victory and command obedience.” -- Madeline Albright,
former Secretary of State, Fascism: A
Warning (2018) p. 229.
A friend who is a Trump
supporter inspired this blog. He
defends the President’s right to use money,
not appropriated, for building a wall on the southern border of the United
States. This friend believes, even though the
constitution makes Congress
the branch of government that appropriates money, the
President can ignore that and take money from other appropriations for any purpose the President declares a “national emergency.” He asserts the President’s responsibility to “provide for the common defense” permits such action.
President can ignore that and take money from other appropriations for any purpose the President declares a “national emergency.” He asserts the President’s responsibility to “provide for the common defense” permits such action.
Constitutional Issues
Our friend’s “provide for the common defense” claim presents
the first problem. That phrase comes from the constitution’s
preamble and serves as a rationale for the constitution itself. Article
II, the part of the constitution establishing an executive branch
and defining its duties, does not assign the executive a “common defense” duty.
Indeed, the “common defense” obligation applies to all branches of the American
government.
We live in a democracy with three
co-equal branches of
government – legislative, executive, and
judicial. The constitution gives the
legislative branch exclusive appropriation power. Though Congress has granted
the executive authority to declare “national emergencies,” it has never given
up the power of the purse.
Considerable debate, in fact, exists
about the constitutionality of the statute purporting to give presidents
emergency
authority. To achieve the result our
friend desires, we believe this country would have to choose a more autocratic
form of government. Judging by his views, and those of many Trump supporters,
one might conclude they are ready to do just that. We wonder, however, if other
things are at work.
Do Americans really favor moving to
an autocratic form of government? We suspect not. Instead, some actually only
want the result Trump has promised, i.e. making America great again by cordoning off the United States from the entry of brown
people from Mexico and other Latin American countries. Trump never speaks so
harshly about the entry of immigrants with white skin. That alone attracts some
of his supporters. Some merely back his other policies, including his position
on abortion, putting right-leaning judges on the federal courts, and tax policies
that favor the wealthy.
The Reality of
Democracy
Democracy remains the most desirable form of
government, but no one should underestimate what it requires. As the appearance
before the House
Oversight Committee of former Trump lawyer and fixer Michael Cohen
demonstrated, democracy involves the people’s representatives holding even the
highest officials accountable for their misdeeds. Democrats, Republicans, and
Independents must work on this together or democracy will perish. The people
have a right to this accountability and no president gets a free pass.
We fear some Trump supporters, who would grant him so much
executive authority, miss this point in the name of achieving policy ends. Some
Trump supporters behave as if they do not appreciate the damage he has done to
the fabric of our democratic form of government. When he accused a federal
judge of Mexican heritage of being unable to rule fairly in his case because of
that ancestry, he really asserted an expectation of prejudice in our judicial
system. When he says he believes Russian
President Vladimir Putin over American intelligence agencies, he attacks our
democratic institutions by believing a former communist KGB
agent over the dedicated men and women who risk their lives for our country. The
same goes for seeking Putin’s advice
about dealing with North Korea over the advice of our intelligence
professionals.
Fascism Again
Even if we can’t conclude Trump’s un-democratic acts mean
we’re headed for a fascist state, Secretary Albright’s
warnings remain relevant:
--Fascism rarely makes
a dramatic entrance. Typically, it begins
with a seemingly minor character – Mussolini in a crowded cellar, Hitler on a
street corner – who steps forward only as dramatic events unfold. The story advances when the opportunity to
act comes and Fascists alone are prepared to strike. That is when small aggressions,
if unopposed, grow into larger ones, when what was objectionable is accepted
and when contrarian voices are drowned out …. We have learned from history that
Fascists can reach high office via elections. When they do, the first step they
attempt is to undermine the authority of competing power centers, including
parliament or, in America, Congress.”
Fascism: A Warning pp. 229 & 234
We think America’s first order of business remains removing
Trump from office by impeachment or at the ballot box. His actions constitute a
clear threat to democracy. Democrats, Republicans, Independents,
Socialists,
members of the Green Party, and those not part of any organized political group
must join in this effort. We can fight out our disagreements on tax policy,
immigration, reproductive rights, and many other issues without this President.
We can even agree democracy has its flaws and requires constant re-examination
and improvement. But whatever democracy’s flaws, we must preserve it over
autocratic forms of government. We can never relinquish our right to choose our
leaders at the ballot box. That right
must remain inviolate. Is that even arguable?