By Brigitte L. Nacos
In his latest column in the New York Times titled “Democracy Is on the Line in Israel and America,” Thomas Friedman wrote, “Are we seeing the slow-motion collapse of the rule of law in the United States and Israel at the same time?” It is too early to answer that question, but it is no longer too early to ask it.”
I am sure that James Madison, one of the Founding Fathers and the fourth U.S. President, would not merely ask but also answer the two questions Friedman raised in the headline and first paragraph of his commentary—certainly with respect to the United States.
As Madison wrote in Federalist #47,
“The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.”
He added that “the preservation of liberty requires that the three great departments of power should be separate and distinct.”
Today, President Trump is firmly in charge of the legislative branch while threatening judges who are ruling against the daily abuse of power by the White House and other administration officials.
The Republican majorities in the U.S. House and Senate are not “separate and distinct” but obedient pawns of the president. By willingly and enthusiastically handing over their constitutional powers to the executive, they are abandoning their role as the “first branch of government.”
Unlike the congressional GOP, some members of the judicial branch—judges and prosecutors-- have resisted interference by the president’s eager servants. More recently, the ruling clique has not merely threatened to fight non-compliant judges but disregarded and acted contrary to their rulings. Last weekend, the Homeland Security Department deported alleged Venezuelan gang members to El Salvador, although a U.S. judge had blocked the removal. Similarly, a Lebanese professor at Brown University was deported in defiance of a court order to halt her deportation.
The so-called Border Czar Tom Homan, said on FOX News, “I don’t care what judges think…I’m proud to be a part of this administration. We’re not stopping.”
Since the courageous judges do not have the means to enforce their rulings without the assistance of executive departments, the president and his administration are now paralyzing independent judges and rely on loyalists in the judiciary to support their cause.
The triple separation of power designed by the Framers of the Constitution to safeguard liberty and justice--and thus democracy—is crumbling within the first 100 days of Trump’s second term.
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