The Trump Amendments: Analyzing Informal Changes to the Constitution
Donald Trump’s presidency has significantly influenced the landscape of American governance, particularly through informal amendments to the Constitution. While these changes lack formal ratification, their implications for presidential power and Congressional authority are profound. This article explores five key informal amendments that emerged during Trump's tenure, examining their potential to reshape the constitutional framework of the United States.
Understanding Informal Amendments
The Constitution can evolve through informal amendments—changes in interpretation and practice that, while not inscribed in law, become accepted as part of the governance framework. Historical precedents, such as the Supreme Court's power of judicial review established in 1803 and the adjustment of electoral processes, highlight how informal changes can become entrenched. Trump's presidency represents a pivotal moment where these informal amendments could fundamentally alter the balance of power between branches of government.
Amendment 1: The Erosion of Impeachment Accountability
Historically, impeachment served as a crucial mechanism for holding presidents accountable for misconduct. However, Trump’s two impeachments revealed a new dynamic: the protection of a president by a partisan minority in the Senate. Despite serious allegations, including abuse of power and inciting insurrection, Trump's acquittals established a troubling precedent where impeachment became a political tool rather than a safeguard against malfeasance.
Implications
This amendment implies that future presidents might operate under the assumption that their party’s loyalty can shield them from accountability, fundamentally altering the intended check on presidential power outlined by the Founders.
Amendment 2: Congressional Oversight as Optional
Congress has long held the authority to oversee the executive branch, ensuring accountability through investigations and subpoenas. Trump's administration actively challenged this authority, declaring an intention to "fight all the subpoenas" and disregarding requests for testimony and documentation. This shift has implications for the separation of powers, as it effectively allows the president to bypass legislative scrutiny.
Implications
By normalizing the refusal to comply with Congressional oversight, this amendment risks rendering Congress a mere advisory body, weakening its role as a coequal branch of government.
Amendment 3: Congressional Appropriations as Suggestions
The Constitution grants Congress the power of the purse, ensuring that no funds are drawn from the Treasury without legislative approval. However, Trump’s declaration of a national emergency to fund his border wall, despite Congress appropriating significantly less, illustrated a new interpretation: the president can choose whether to comply with Congressional spending laws.
Implications
This sets a dangerous precedent where presidential priorities can override Congressional intent, undermining the foundational principle of legislative control over federal spending.
Amendment 4: Evasion of Senate Confirmation
The Senate's role in confirming presidential appointments is a cornerstone of checks and balances. Trump, however, expanded the use of acting officials and temporary appointments to circumvent this process, effectively diminishing the Senate's influence. This tactic allowed him to fill key positions without undergoing the rigorous confirmation process.
Implications
The erosion of the confirmation process may result in unqualified individuals holding significant power, undermining the principle of meritocracy in governance and concentrating power in the executive branch.
Amendment 5: Unconstrained Pardon Authority
The president’s power to grant pardons has traditionally served as a means of justice and mercy. However, Trump’s use of this power—often extending pardons to those with personal or political connections—raised serious ethical concerns. His willingness to issue pardons in the context of ongoing investigations suggested an intent to obstruct justice.
Implications
This amendment highlights the potential for abuse of the pardon power, wherein future presidents might use pardons not only to right wrongs but to shield themselves and their allies from accountability.
Conclusion: The Need for Legislative Reinforcement
While Trump’s informal amendments represent a shift in the balance of power toward the executive branch, they also underscore the necessity for legislative action to restore accountability and integrity within the system. Congress can enact statutory changes to close the loopholes exploited during Trump’s presidency, reinforcing its oversight powers and ensuring the executive branch remains accountable to the law.
The implications of the Trump amendments extend beyond his presidency, potentially setting a dangerous precedent for future administrations. As the nation navigates these complexities, a renewed commitment to the constitutional principles of checks and balances will be essential in preserving the democratic framework established by the Founders.
The evolution of informal amendments reminds us that the Constitution is not just a historical document but a living framework that requires vigilance and active participation from all branches of government. It is imperative that Congress reassert its authority and work collaboratively to safeguard the rule of law and uphold the democratic values that underpin the United States.