A Stress Test for the Constitution

Soon after the election, a friend envisioned Trump’s presidency as “a stress test for the Constitution and all of its institutions.”  This is proving to be the case, for reasons that are both collective and peculiar to Trump and his administration.

Collectively, his presidency has halted, and aspires to reverse, the direction American government took under President Obama, a direction decried in some quarters but one charted in careful accordance with the law.  The Affordable Care Act, which some Republicans so revile, was nonetheless “ratified” after a protracted but open struggle by both houses of Congress and the Supreme Court.

In other areas, President Obama’s use of executive power, though politically unwise, was legally defensible.  His approach to reducing carbon emissions, so hated and feared in some quarters, took shape only after a long period of public comment and after his legal team was certain the new guidelines could withstand a Constitutional challenge.  President Obama exercised discretion in whether and how to enforce immigration laws, but, as Richard Lugar, a former US Senator from Indiana, has observed, every president has done the same, since all have lacked the means to see that the laws on the books were fully enforced.  Lugar, a moderate who was one of Capitol Hill’s most influential Republicans before a member of his own party “primaried” him from the right, driving him from office, wrote in the New York Times that, given the howls of outrage over Obama’s immigration policies, one would never guess that his administration had “vastly exceeded the deportations under President George W. Bush,” just as Bush’s had vastly exceeded those of President Clinton.

President Obama sought to move the nation and the Democratic Party in a new direction, but he was not a party leader, and he did not wait for a bipartisan consensus that he knew was never coming to emerge.  In his second term, he focused increasingly on what he could do without Congress–but to the extent that his victories lacked Congress’s active assent they were unsustainable.  They were simply too far ahead of the collective political will.  In the meantime, Obama’s dogged pursuit of his own grand vision hid the senescence of the Democratic Party.

As the first person of color to occupy the presidency, Barack Obama symbolized the America we are fitfully becoming–a nation that is truly inclusive and color-blind.  As a symbol and agent of that change, he aroused a lot of resentment and fear, emotions that candidate Trump and some other Republicans inflamed to their benefit in the campaign.

The stunning political triumph of a charismatic outsider, the shattered GOP’s success at hanging on to power, and the dangerous eclipse of the Democratic party: these are the three huge interrelated events whose consequences are shaking the political community, from the nation’s most powerful institutions to its polarized citizenry, united only in its demand for responsible governance.

Image: “Save yourself”
@2017 Susan Barsy