Trump is abusing his power. Is this a 'constitutional crisis' or something more? | Opinion
Elected leaders should never pretend that the president has more power than he is granted by the U.S. Constitution.
President Donald Trump's rapid-fire executive orders have led legal experts to say his actions either have caused or are edging toward a "constitutional crisis."
Frankly, I don’t know what that term means anymore, given the confusion over whether we are in it or about to be in it. Last weekend, I opened up my pocket U.S. Constitution and read it to try to find some clarity.
I also reflected upon the many essays written by former Tennessee Attorney General Paul Summers, who wrote in the Paste BN Network Tennessee publications for two years about each article and amendment in the Constitution. He always reminded readers that studying the USA's founding documents is "time well spent."
My conclusion is this: What we’re seeing is a gross overreach of the executive branch of government that must be reversed and contained.
Yes, Article II grants the president tremendous amounts of power, but Article II, Section 1 Clause 8 says, "Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: – I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."
The president is a public servant, not a king. His powers are limited by design.
America's three branches of government are coequal
The Trump administration has faced 149 lawsuits as of Friday due to its actions from firing federal employees to seeking to abolish the U.S. Department of Education.
The reason that so many entities, including Metro Nashville government and nonprofits, are suing the federal government is because they believe that Trump has overstepped his authority, for example, by halting federal grants Congress already authorized.
Article I of the U.S. Constitution created Congress, but the GOP majority in the Senate and House seem to have very little interest in reining in the president because he happens to be a Republican.
Meanwhile, the courts, created in Article III, are pushing back, but they are moving way too slowly for the speed of executive orders.
The three branches of government − legislative, executive and judicial − are coequal and meant to check and balance each other.
President has no role in amending the Constitution
On Feb. 13, 99.7 "Super Talk" conservative talk show radio host Matt Murphy invited me on his radio show to discuss presidential adviser Elon Musk's Department of Government Efficiency and an unscientific survey The Tennessean published that showed a majority of our readers think DOGE wields too much power.
Murphy insisted that the Constitution's Article II endows President Trump with the authority to do what he is doing. I disagreed on the air and I continue to disagree.
For example, Trump signed an executive order eliminating birthright citizenship for children born in the United States but whose parents are not legally in the country. The problem is the clause is in the Constitution.
14th Amendment, Section 1: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
In addition, the Supreme Court effectively ruled in the 19th century decision United States v. Wong Kim Ark (1898) that "all persons" means "all persons."
Trump has no authority to amend the U.S. Constitution.
In fact, Article V grants the power of proposing constitutional amendments only to the Congress or to state legislatures. The president is not mentioned once in that article.
So I found strange that Tennessee’s current Attorney General Jonathan Skrmetti's office has filed an amicus brief to defend Trump‘s executive order action on birthright citizenship.
“Courts are empowered by the Constitution to resolve cases and controversies, not to issue sweeping policy proclamations or manage the executive branch,” Skrmetti said in a March 21 news release. “The American people are the ultimate source of authority and legitimacy for every branch of our government, and every court interpreting the Constitution must therefore adhere to the understanding of the voters who adopted the constitutional language."
"Undermining the sovereignty of the American people through judicial overreach threatens to alienate the people from our constitutional system and thereby cause grievous harm to liberty and public order," Skrmetti added.
The Supreme Court may buy this argument, but I still think the problem is executive overreach, not judicial overreach. Just to reiterate what I wrote earlier, the president has no role whatsoever in the constitutional amendment process.
Bush vs. Gore presidential election offers us lessons
In 2000, legal experts were calling a "constitutional crisis" the impasse between George W. Bush and Al Gore for the presidency that year. While Gore, the vice president at the time, initially conceded on election night, he took it back when results showed Florida's vote count was too close to call.
What ensued were weeks of drama, tension and growing polarization.
However, friction is a natural part of democracy. Democracy can sometimes be messy, but the judiciary eventually resolved the issue when the U.S. Supreme Court stopped the vote count in Florida.
Gore conceded the race, but theoretically, he could have continued his fight and we might have seen a version of the Jan. 6, 2021, riots 20 years earlier.
The difference though was that Gore responsibly believed in limited government, the power of institutions and the integrity of the people's vote. It’s a view not shared by the current occupant of the White House.
Take the time to reread the U.S. Constitution to see that the presidency is the creation of a compact that is about sustaining limited government and freedom for its citizens.
Elected leaders should never pretend that the president has more power than he is granted by the U.S. Constitution.
For the sake of our republic, presidential overreach − and abuse − must be checked.
David Plazas is the director of opinion and engagement for the Paste BN Network Tennessee and the opinion editor The Tennessean, where this column originally appeared.