TRUMP AND JEFFERSONIAN DEMOCRACY

It is fair to say America is in uncharted territory as each day a chaotic, dangerous President lurches forward creating crisis after crisis. In the process he has already damaged American democracy and its reputation in the world. While The Republic has faced its challenges over the past two hundred and fifty years as a result of the behavior of rogue Presidents, Administrators and Legislators, the current imbroglio is unprecedented in that the President has no pretensions of respectability and his actions indicate that he perceives he is above the law. While Nixon famously claimed that he was not a crook Trump infamously admitted that he was. He argued that qualified him to be President as he was best able to clean up “the swamp” that, by his own definition, he was part of. 

It is feared that Trump’s unbridled lying, deception and narcissism can threaten the integrity of the brittle democracy the Founding Fathers so painstakingly crafted. His behavior indicates that he wishes to dump the Founding Father’s Constitution in favor of some type of autocracy with him in charge. He will continue on his destructive path till he is stopped. 

The democracy with its checks and balances that Jefferson and the Founding Fathers, so painstakingly spawned, faces its greatest challenge.  

JEFFERSONIAN DEMOCRACY

America’s proudest claim is that it is the world’s oldest democracy. When Thomas Jefferson wrote in the Declaration of Independence that,  “We hold these truths to be self evident that all men are created equal….”, he set into motion a promise that America has attempted to fulfill over the past two and a half centuries. In the process laws have been enacted, courts have enshrined equality and a tradition of unwritten conventions have evolved that have enabled “all men” eventually to include black men, then all women and more recently those born with different gender preferences. 

In order to protect and sustain their lofty ideal Jefferson and his co founders cobbled together an original system of Government which would dissipate power among three supposedly equal and independent areas of Government - The Executive headed by the President, the Legislative, elected by the citizenry - itself a balance between people power and individual State’s right to equity and the Judiciary. Implicit in Jeffersonian and any democracy are the unwritten laws that make a democratic rule possible. These include behaviors, conventions and customs. For example, it is expected that there will be honesty and transparency in all branches of government. Some examples include that, nepotism is frowned upon, it is expected that the people’s representatives will tell the truth, no attempt should be made to unduly influence other independent branches of Government, personal benefiting from office is a no - no and showing your tax returns is a must.

THE PRESIDENT - NOT QUITE A MONARCH

The dispensation for the head of state that the Founding Fathers purposefully created differed from that of the British. The Fathers, however, were still entranced by the concept of a Monarchy so they defined a Presidency who would not be beholden to a political caucus like a Prime Minister although she could be a party nominee. However she could exhibit vast power which US Presidents have done throughout history. The wise legislators in 1776 were not about to create another King with absolute unchallengeable power so they instituted an elaborate process whereby she could be removed by the Legislative Branch for “high crimes and misdemeanors”. (In 1965 Amendment to the Constitution was passed by two - thirds of both Houses and ratified by forty - eight State Assemblies which allowed for a President to be replaced if she was unable to fulfill her duties). 

There is little doubt that it was envisaged that Presidents would be representative of the nation as are monarchs. This meant that once elected they would be the nation’s President and not just the figurehead of a political party. 

It is fair comment that Trump was not the type of character the Founding Fathers had in mind.

SO HOW DOES TRUMP SHAPE UP AS A JEFFERSONIAN PRESIDENT?

Trump shows scant respect for the triangulation of government. He is irritated beyond words at the failure of the Legislative branch to carry out his bidding. He fails to understand the process whereby legislation is crafted. He has attempted to influence what happens in the Judicial world as illustrated by his attempts to involve himself in the appointment of Attorneys General in the jurisdictions in New York and Florida where his interests are. That abrogation was in addition to firing James Comey and all the allegations surrounding that decision. He also wanted to axe his current Federal Attorney General Jeff Sessons for recusing himself from the Russian investigation, thereby allowing for the appointment of a Special Prosecutor. He claimed that America’s Chief Officer of the Court had no loyalty to him. His accusatory and abusive labelling as a hoax of a legitimate investigation into Russian interference into the Presidential election, which fact has been conclusively confirmed by all seventeen intelligence branches as well as both Houses of the Legislature, is yet another abandonment of convention of interference into the Judicial process.

The Donald has repeatedly directly and indirectly made it quite clear that he disagrees with the iconic sentence in the Constitution, “….that it is self evident that all men are created equal”. He has labelled Mexicans as a sub species, denied African Americans freedom of expression and stated that he wants a ban on Muslims entering America. An American born Judge, because he was of Mexican heritage, he claimed was incapable of being impartial. In case there was any doubt as to his feelings on this matter he failed to outright condemn right wing segregationist extremists after their protests in Charlottesville. It took him forever to distance himself from David Duke and his Klu Klux Klan who stated that Trump’s policy met their objectives. 

George W. Bush, 43, no flaming liberal, recently, had these strong words to say about the American tradition that Trump was trashing,“Our identity as a nation, unlike other nations is not determined by geography or ethnicity or by blood or soil….. This means that people from every race, ethnicity, can be fully and equally American. It means that bigotry and white supremacy in any form, is blasphemy against the American creed”.

The only Amendment of the Constitution that Trump shows any commitment too is the widest possible interpretation of the Second Amendment. It is obvious that he and his entourage regard the freedom of expression, the First Amendment, as an impediment to government. He has, with a vengeance, abused and threatened the media. He has lead a demeaning campaign against an African American football player’s protest for “kneeling” during the playing of the national anthem, a behavior explicitly interpreted as constitutional by the Supreme Court. On several occasions his minions have claimed that Trump cannot be questioned and this dubious distinction was recently accorded to his Chief of Staff. His new Press Secretary punctuates her briefings by lecturing the media as to the inappropriateness of their challenges.

Nepotism is regarded by him as his right. His appointment of his daughter and son in law, who have even less political experience than him, as Chief advisors to his Administration have rocked convention. Leaving aside his connections with Russia and what quid pro quo might have been involved between him and his team, as this is currently under investigation, he is being sued in court for violating the Emolument’s Clause in the Constitution. The latter was specifically introduced by the Fathers to “shield the Republic against corrupting foreign influences”. It inter alia forbids any manner that foreign governments could influence government officials through gifts or titles. The case has a group of plaintiffs including hotel owners who claim that Trump’s breaking of the clause has disadvantaged their businesses. The action hinges around whether the plaintiffs have standing to sue the President. It is argued that only Congress could proceed. The Founding Fathers took this potential corrupting influence very seriously and considered its violation grounds for impeachment. Another glaring abuse of power is evident in this matter in that the Justice Department, at taxpayers expense, is representing him and not his own lawyers.

It is fair comment to maintain that Trump is hardly a President in the Jeffersonian tradition.

COMMANDER IN CHIEF

A US President’s other title is Commander in Chief as he is head of all America’s massive armed forces and he controls the codes that could unleash armageddon. However he has several other titles that have been alluded to over the ages. These include Comforter in Chief, Uniter in Chief and Mourner in Chief. Implicit in these titles is the belief that when elected the partisan candidate now, like a monarch, becomes the President of all the people. Trump has dramatically become Divider in Chief unashamedly favoring one group or State over another and carrying out individual vendettas against individuals, entertainers and politicians. The recent hurricane tragedies have lead him to pledge to do whatever it takes to make two devastated States, Texas and Florida, that voted for him, whole. However, Puerto Rico which has no Federal representation and is populated by Latinos has been served notice that they are on their own after he has given them enough help.

As for his management style with Congress and his Cabinet the Fox News Half Time Report calls it “Seagull Management”. - he flies in defecates on everything and then flies away.

It is fair comment to argue that Trump is Commander in Chief to his loyal base and not to all American peoples.

DONALD SAY AFTER ME……

“ I PLEDGE ALLEGIANCE TO THE FLAG OF AMERICA OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL”.

AT THE END OF THE DAY

In spite of Trump’s patriotic claim, “Make America Great Again”,  he wants to change the very character of the Republic as it was enshrined at its Foundation. In addition he refuses to abide by the recognized customs and conventions that are characteristic of the Jeffersonian democracy. He would rather institute an autocratic state, with him as its leader, where all men are not created equal,. 

Jeff Flake, the Republican Senator from Arizona summed up the Republican Party’s dilemma when joining Senator Corker in announcing his retirement from the Senate, “We must never regard as normal the regular and casual undermining of our democratic norms and ideals. We must never meekly accept the daily sundering of our country - the personal attacks, the threats against principles, freedoms and institutions, the flagrant disregard for truth or decency, the reckless provocations. most often for the pettiest and most personal reasons…” He added what has to be on every Republican’s mind, “When the next generation asks us, Why didn’t’ you do something? Why didn’t you speak up? What are we going to say?”.

It is beginning to sink in with a few Republican legislators that the ideals of the Jeffersonian Republic are on the block. Fate has it that the future is largely in their hands. The alternative as the obsequious Ryan and McConnell have opted for, hopefully just for the moment, is that tax breaks for the rich are more important and nothing else matters. Jay H. Ell believes this is the beginning of the end because if the disintegrating Republic Party cannot deliver any legislation for Trump even chunks of his base will abandon him and this whole episode will be yet another painful episode in American history that everyone will want to forget.