The only real guardrails | Ott Observations
Throughout the first Trump presidency and after, there was constant media banter about the “guardrails of democracy.” Trump’s use of executive power was unprecedented in our history and raised many questions regarding the boundaries for a president in our Constitution.
The Founding Fathers designed our government to be run by Congress. The primary “guardrail” was that a large number of representatives had to work through differences and reach compromises, leveraging diverse perspectives and dispersing power that a single person could easily abuse.
This first and foremost guardrail ceased to exist when Republican majorities in Congress refused to confront Trump for egregious actions. There is countless video evidence of Republican representatives calling his behavior unacceptable, or even insurrectionist, then refusing to act against him.
We should never be shocked by the failings of mankind. But I do think many of us were shocked that Republicans lacked the courage to confront Trump, putting their self-interest to remain in power ahead of their duty to preserve the Constitution. This cowardice was an abdication of their responsibility to govern as our founders designed.
The guardrail we credit for saving our democracy during Trump’s first term is the judicial branch of our government. The courts kept him from denying the 2020 election and staying in power. And judges ruled some of his executive decrees unconstitutional.
I don’t think this judicial guardrail exists for Trump’s second term. Last year, in Trump vs. United States, the Supreme Court gave presidents almost total immunity for their actions in office. At the time, the decision stopped our country’s efforts to determine if Trump incited an insurrection to stay in office or illegally retained confidential documents.
In effect, the court gave up much of their ability to serve as a guardrail against blatantly unconstitutional presidential behavior.
Maybe it doesn’t matter, because Trump has also speculated that judges have no way to impose their decisions on him. Not since Andrew Jackson – who relocated Cherokee tribes contrary to a Supreme Court decision – have we seen a president defy the court. Again, this should be no surprise because Trump has spent a lifetime using and abusing litigation to achieve his selfish means.
As daily executive orders are spewed out, we are also subject to daily efforts to explain and understand what Trump is doing and his strategy for achieving ulterior motives. I think this is a waste of time because Trump is very simple to understand. Trump’s only objective is to constantly glorify Donald Trump. Congress alone gets the credit for legislation. Trump alone gets the credit for his executive orders. It’s no surprise which of these paths of action he prefers.
For example, consider the Ukraine War. Trump wants to be known as the only deal-maker that can stop this war. He will make dangerous concessions to Russia to get a deal. He will surrender Ukraine to get a deal. He doesn’t care about fighting aggression, defending democracy, honoring freedom fighters or even saving lives. He has no principle at stake except his unique greatness to forge a deal. To incorporate Europe in the deal would require him to share the credit.
During his recent campaign speech (disguised as an address to Congress), Trump called his first month in office more successful than any other president – including George Washington. Republicans constantly excuse his exaggerations, but he’s not kidding. Trump will pursue any impulse he has because it is his impulse. No one can tell him it is a terrible idea, because it is not possible for Trump to have a bad idea.
I don’t believe Trump even believes in God, because then he would have to acknowledge a higher being than himself.
So where does that leave us as American citizens? I have arrived at three conclusions.
My first is to apply the Serenity Prayer, accepting what I cannot change and continuing the courage to try to change what I can. Contrary to gloating and taunting Trump supporters, I am not in despair. I have had and will continue to use my voice to fellow Americans challenging us all to recognize we have principles and a value system even if our president and a castrated Congress don’t.
My second conclusion is that I refuse to give up hope on the American ideal of democratic government and the good will of my fellow Americans – all of them. We have survived tougher times, specifically our Revolution, the Civil War and World War II. May we keep our hearts full of a vision of a nobler America than today’s ugliness.
We learn lessons from history and when we don’t we have to relearn them – usually painfully. My third conclusion is that the only reliable guardrail for good government is the person we put in charge. Assemblies of representatives, laws and judges can only go so far. It is the morals, principles and value system of leaders that ultimately safe-guard us from tyranny.
We have known that Donald Trump is a morally bankrupt, sociopathic narcissist long before he ever ran for office. Unfortunately, there will be much pain and suffering for us to collectively relearn that our most important guardrail is the character of the people we elect.