Trump’s threats — before even taking office — are characteristic of authoritarianism | Opinion

During the presidential campaign, concerns were raised that a Donald Trump presidency could be a threat to democracy. Some of President-elect Trump’s statements since the election are a cause for grave concerns in that they would undermine basic constitutional structures.

The hope must be that he won’t actually go through with these plans. If he does, we must hope that Congress and the courts will stop him.

Cabinet appointments

Several times, Trump has suggested that he wants to make recess appointments of Cabinet officials and other positions requiring confirmation rather than have these nominees confirmed by the U.S. Senate as the Constitution requires.

The Constitution actually provides a way that he could do this: Article II, Section 3 of the Constitution says that if the House and Senate disagree about whether to adjourn, the president “may adjourn them to such time as he shall think proper.” Trump’s plan would be to ask Republican leaders in the House and Senate to disagree about whether to recess.

He could then adjourn Congress until he called it back into session and take advantage of another provision of the Constitution which allows him to make recess appointments which last until the end of the session of Congress in two years.

It is chilling to imagine the president putting Congress into indefinite recess and using this to circumvent a crucial constitutional check on the president’s appointment power: the need for the Senate to approve Cabinet appointments.

It is imperative that members of Congress not agree to this power ploy and take their constitutional duties seriously. Especially given the controversial nature of many of Trump’s appointees, Senate consideration and confirmation is vital. No president in American history has ever tried to circumvent Senate confirmation of the Cabinet, and Congress must not allow Trump to do so now.

Power of the purse

Another concern is that Trump announced he is creating an advisory, non-government Department of Government Efficiency to be co-chaired by Elon Musk and Vivek Ramaswamy, both of whom have spoken in support of getting rid of federal agencies. The stated goal of the department is to cut federal spending. Musk has talked about cutting $2 trillion from the federal budget, while Ramaswamy has said the federal workforce should be cut by 75%.

The impact on the country if this tremendous cut is actually made would be staggering. Importantly, however, the president has no authority to do any of this. Spending power belongs to Congress, and the president has no power to block the spending of money appropriated by Congress.

In the early ’70s, then-President Richard Nixon claimed he had the authority to impound federal funds notwithstanding budget bills that had been properly enacted into law. In 1974, Congress adopted the Impoundment Control Act, a federal statute that prohibits the president from impounding funds. It is this law that Trump violated when he withheld federal money for Ukraine in his first term (which led to his first impeachment).

It is vital that Congress not allow its spending power to be eroded. Any efforts at presidential impoundment must be stopped by the courts. The framers of the Constitution intentionally gave the power of the purse to Congress and it has been that way ever since 1787.

Alien Enemies Act

Also, chilling is Trump’s talk of invoking the Alien Enemies Act of 1798, the law which gives the president the power to detain or deport citizens of an enemy nation. It applies only if there is a declared war or when a foreign government threatens or undertakes an invasion of the U.S. It has been invoked three times in American history: during the war of 1812, World War I and World War II. It was used to justify the tragic internment of Japanese Americans during World War II.

The Alien Enemies Act has no relevance now. There is no declared war and no foreign government has threatened to invade the United States. Any invocation of this act by Trump should be immediately invalidated by the courts.

Basis for great concern

These, of course, are just a few of the ideas being advanced by Trump and those around him. But they are a basis for great concern. Such invocations of presidential power are characteristic actions of authoritarian governments. They reflect Trump’s disdain for the Constitution and for checks and balances.

It is essential that such actions be stopped and stopped quickly. American democracy depends on it.

This story was originally published December 5, 2024 at 11:01 AM with the headline "Trump’s threats — before even taking office — are characteristic of authoritarianism | Opinion."