“Over the last eight months, the Trump administration has run roughshod over Congress and its constitutional prerogatives. Trump’s decision to ignore the TikTok ban on his first day in office may seem minor in the grand scheme of things, but it foreshadowed a series of far more aggressive moves to usurp much of lawmakers’ constitutional authority: dismantling congressionally-created agencies, redirecting congressionally appropriated funds and implementing a massive tax hike on the American public in the form of Trump’s chaotic tariff regime.
The vast majority of this was made possible by congressional Republicans, who have largely turned a blind eye to all of Trump’s gambits, and by the Republican appointees on the Supreme Court, who have handed Trump a series of victories this year in his wide-ranging efforts to both unilaterally slash the federal government while dramatically expanding the powers of the presidency.
The acquiescence to Trump’s TikTok reprieve this year has been a far more bipartisan affair, but it has been a constitutional farce all the same, and it is not over yet.”
“Vice President J.D. Vance was almost incredulous when a reporter asked him what “legal authority” the Trump administration used to blow up an alleged drug boat off the coast of Venezuela with a drone on Tuesday. “There are people who are bringing—literal terrorists—who are bringing deadly drugs into our country,” Vance said.
Why are they “literal terrorists”? Because the administration said so. President Donald Trump declared just after taking office that he would be designating drug cartels as terrorist organizations. One of them was Tren de Aragua, the organization accused of sending out the drug boat. (The administration tends to play fast and loose with labeling things Tren de Aragua; for all its criminal activities, the gang is not known to smuggle cocaine.) After the drone strike, multiple cabinet officials made sure to use the phrase “narco-terrorist organization.”
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A terrorist can be anyone the White House declares: an American journalist, a suspected drug smuggler, or another government. The only requirement seems to be that the terrorist is located outside of U.S. soil.
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Deploying uniformed troops against street crime, flying (unarmed) Predator drones over protesters, blowing up suspected smugglers instead of arresting them—these images are breaking down the political distinction between the “battlefield” and the “homefront.” Last week, U.S. Border Patrol agents were photographed training with mortars during live-fire exercises in Alaska. Since when do American police need artillery?”
Trump is using the power of the federal government to arrest and harass people in his way or who even criticize him.
Trump is using the presidency to enrich himself.
Trump is using powers not given to him by the Constitution, and the Supreme Court is not stopping him in many cases.
Trump is using the military to patrol and intimidate U.S. cities.
Trump is using ICE to assault, arrest, and deport people without due process.
Trump fires statisticians because the actual stats make him look bad.
Trump fires analysts because he doesn’t like the accurate information they bring him.
All over the government and military, Trump has fired watch dogs whose job it is to report corruption and abuses of power.
Trump uses the government’s power to limit what major media outlets can say.
Trump gets legitimate prosecutions dropped because he wants the accused as a political ally.
Trump uses the pardon power based on whether the guilty are his political allies, rather than whether they are unjustly being punished.
Trump fires prosecutors for legitimately prosecuting his political allies.
Trump’s advisors and business leaders suck-up to Trump like he is a monarch or a dictator, showering him in bullshit praise that would be a sarcastic insult to anyone else.
The Trump family makes money from dictatorships who want things from the United States.
By these actions, Trump is greatly damaging U.S. democracy. If you don’t recognize this, you either have not been paying attention, or you suffer from Trump Derangement Syndrome. U.S. democracy is under attack, and most people don’t even know it’s happening.
So far, the Supreme Court is allowing Trump to use powers that appear to be unconstitutional. The Court has largely done this using the shadow docket, where the court doesn’t need to explain its reasoning.
By allowing the president to create real-world and not fully reversible impacts while acting with clearly unconstitutional powers, the Supreme Court is derelict of its duty as a check on presidential power.
It makes sense to limit injunctions that stop the president when his actions may not even be found unconstitutional in the first place, but if the president can act in any way, and not be stopped until the damage is done, then the Supreme Court is derelict in its duty.
The Supreme Court can act very quickly when it wants to, and it can slow-walk when it wants. Seems like it will do this in favor of Trump and Republicans.
Trump and his associates say clearly why they are doing what they are doing, and then tell the Court that they did it for different reasons. The Court has naively accepted the administration’s legal justifications that conflict with the administration’s clearly spoken motives.
The Constitution does not take into account political parties. The founders did not expect parties when they wrote it. Parties ruin the separation of powers and cause officials to not restrain a president acting illegally, even though it is those officials’ (Congress and the Supreme Court) duty.
Trump is destroying the Department of Education and making it so they cannot fulfill their law-mandated duties. The Constitution states that Congress makes the laws, and the executive faithfully executes them. This is not faithfully executing them.
“In 2024, Congress passed the Protecting Americans From Foreign Adversary Controlled Applications Act, which prohibited operating or hosting “a foreign adversary controlled application (e.g., TikTok)” within the United States. The law required TikTok to find a buyer by January 19, 2025, or else shut down operations within the United States.
Ultimately, neither happened…Trump issued the executive order on his first day, “instructing the Attorney General not to take any action to enforce the Act for a period of 75 days from today.” He has since issued two additional orders further extending the deadline
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“But no president has the authority to simply postpone the enforcement of a law passed by Congress. The fact that Congress seems content to let Trump decline to enforce it does not obviate the law itself. And for that reason, if Congress will not repeal the law, then it should insist Trump enforce it.”
“the Supreme Court unanimously ruled in favor of a teenage girl and her parents who are attempting to sue the girl’s school district for alleged disability discrimination. The decision, which did not rule on the merits of the case, is similar to another recent unanimous ruling finding that courts cannot require different discrimination cases to meet different standards of proof to receive a favorable judgment.”
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“two lower courts ruled against the family. The 8th Circuit ruled that simply failing to provide A. J. T. a reasonable accommodation wasn’t enough to prove illegal discrimination. Rather, because the family was suing a school, they would be subject to a higher standard than plaintiffs suing other institutions. The family was told they had to prove that the school’s behavior rose to the level of “bad faith” or “gross misjudgment.”
The Supreme Court disagreed. In the Court’s opinion, Chief Justice John Roberts wrote that disability discrimination “claims based on educational services should be subject to the same standards that apply in other disability discrimination contexts,” adding that “Nothing in the text of Title II of the ADA or Section 504 of the Rehabilitation Act suggests that such claims should be subject to a distinct, more demanding analysis.”
In a concurring opinion, Justice Sonia Sotomayor reiterated how nonsensical the 8th Circuit’s higher standard for educational disability discrimination claims was, noting that some of the most obvious forms of disability discrimination do not involve bad faith or misjudgment against the disabled.”
The Constitution clearly puts the power of deciding to go to war in the hands of the Congress. The attack on Iran was a clear act of war. It was not authorized by Congress. The attack on Iran was unconstitutional.
“Under the War Powers Act of 1973, the law that governs presidential authority to order military strikes, there are three lawful ways for a commander-in-chief to order the bombing of another country. None of them appears to cover the strikes carried out on Saturday.
Here is the relevant section of the law (emphasis added): “The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.”
The first two options provided by the law are clearly not involved here, as Congress did not declare war against Iran and did not pass an authorization for the use of military force (as was done to allow the invasion of Iraq in 2002).
The third circumstance also does not apply to Trump’s attack on Iran, which was not carried out in response to an attack on American troops and did not respond to a crisis threatening American soil.”
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“The War Powers Act should not be treated as a series of suggestions that can be discarded when they seem inconvenient. Indeed, limits on executive power are most essential at the moments when they are inconvenient—otherwise, they are meaningless. Trump’s attack on Iran was not just an assault on a suspected nuclear weapons program; it was yet another blow against the separation of powers and the fundamental structure of the American constitutional system.”