Trump's Presidency Relentlessly Challenging America's Traditional System of Governmental Balance
Rewritten Article:
ATLANTA - It's what one historian calls an "elaborate, cumbersome contraption," one that's been instrumental in shaping American democracy for over two centuries.
The principle of checks and balances stems from the Constitution's design of a national government with three distinct, coequal branches of power.
President Trump, in his first 100 days, tested that system like few before, signing a barrage of executive orders, curtailing or shuttering agencies reliant on Congress for funding, and lambasting judges who've issueled dozens of rulings against him.
"The Founding Fathers were well away of conflicting interests and bore deep-seated mistrust towards centralized authority," said Dartmouth College professor John Carey, an expert on American democracy. "That's where this idea came from."
Their blueprint has, for the most part, kept power from becoming consolidated in a single person's hands, Carey explains—but he warns that the system necessitates "people acting in good faith.. and not necessarily wielding power to its fullest extent."
Let's explore checks and balances through American history.
A Tussle over Jefferson sidelining Adams' appointments
One of the foundational skirmishes pitting checks and balances: President John Adams made last-minute appointments before relinquishing office in 1801. His successor, Thomas Jefferson, and Secretary of State James Madison ignored them. William Marbury, an Adams appointee to the court, sued Jefferson and Madison to compel them to abide by Adams' decisions.
Chief Justice John Marshall concluded in 1803 that the commissions became legitimate upon Adams' signature, hence, Jefferson acted illegally by shelving them. However, Marshall refrained from ordering compliance. Instead, Marbury had sued under a 1789 law permitting the Supreme Court to serve as the trial court in such disputes—a power Marshall declared excessive for the Court in his opinion, thereby asserting the Court's role in interpreting and potentially striking down congressional acts and executing executive branch actions.
Hamilton, Jackson, and national banks
Congress and President George Washington founded the First Bank of the United States in 1791. Federalists led by Treasury Secretary Alexander Hamilton advocated a robust federal government and supported a national bank that could lend money to the government. Anti-Federalists, spearheaded by Thomas Jefferson and James Madison, sought lesser federal power and maintained Congress had no authority to charter a bank. However, they did not solicit intervention of the courts in the matter.
Andrew Jackson, America's first popular president, despised the bank, perceiving it as a tool for the rich. Although Congress extended the charter in 1832 with concessions to placate Jackson, he still vetoed it. Congress struggled to muster the support needed to overturn his veto, and eventually, the Philadelphia-based bank transformed into a state bank in 1836.
Lincoln and due process
During the Civil War, Abraham Lincoln suspended habeas corpus—a legal process allowing individuals to contest their incarceration. This move enabled federal authorities to arrest and retain people without providing due process. Lincoln claimed his decision might not be "strictly legal" yet was a "public necessity" to protect the Union. Justice Roger Taney, sitting as a circuit judge, declared it illegal, but he lacked the means to enforce his decision.
In the end, Congress favored Lincoln through retroactive laws ratifying his actions. The Supreme Court, in a separate 1862 case challenging other Lincoln decisions, upheld the president's argument that the office comes equipped with inherent wartime powers not explicitly granted via the Constitution or by congressional acts.
Reconstruction: Johnson vs. Congress
Following the Civil War and Lincoln's assassination, "Radical Republicans" in Congress sought revenge on states that seceded and sanctions against Confederate leaders and soldiers. They also advocated for Reconstruction programs that elevated formerly enslaved individuals (men, at least). President Andrew Johnson, a Tennessean, championed leniency towards Confederates and suppression of formerly enslaved people. Congress, armed with appropriations power, established the Freedmen's Bureau to aid new ex-slaves. Johnson, however, leveraged his pardon power to repatriate former Confederates. Furthermore, he limited the Freedmen's Bureau's ability to seize Confederates' assets.
The spoils system vs. civil service
For a century, nearly all federal jobs were executive branch political appointments, rotating based on presidential shifts. In 1883, Congress delved into civil service reform with the Pendleton Act. Changes started with some jobs being filled through examinations rather than political ties. Over time, Congress expanded the civil service system—a system Trump now seeks to dismantle by reclassifying tens of thousands of government employees as political appointees or disposable workers.
Wilson's League of Nations
Following World War I, the Treaty of Versailles demanded an international organization that would rally nations together to tackle global concerns and prevent war. President Woodrow Wilson advocated for the League of Nations. The Senate Foreign Relations Committee chair, Republican Henry Cabot Lodge of Massachusetts, brought the treaty to the Senate in 1919 with amendments to restrict the League's influence. Wilson rejected the amendments, but instead, the Senate remained short of the necessary majority to ratify the treaty and join the League. After World War II, the U.S. played a lead role in creating the United Nations and NATO alliance.
FDR and court packing
During the Great Depression, Franklin D. Roosevelt addressed the economic crisis with vast federal programs and assertive regulatory actions that, in part, garnered Democratic majorities in Congress. A conservative Supreme Court struck down some of the New Deal legislation as overstepping congressional authority. Roosevelt countered by proposing to augment the nine-seat court and pressure aging justices to step down. The president's critics dubbed it a "court-packing scheme." He denied the label. However, a Democratic Congress never genuinely considered his plan.
Presidential term limits
Roosevelt eschewed the unofficial rule, instituted by Washington, that a president serves two terms. He won third and fourth terms during World War II, irritating even his allies. Promptly after his demise, a bipartisan coalition pressed for the 22nd Amendment to restrict presidents to two elected terms. Trump has publicly mused about seeking a third term in defiance of this constitutional restriction.
Nixon and Watergate
The Washington Post and other media exposed links between Nixon's associates and the break-in at Democratic Party headquarters during the 1972 campaign at the Watergate Hotel. By summer 1974, the scandal had swollen into congressional investigations, court showdowns, and plans for impeachment hearings. The Supreme Court ruled unanimously against Nixon in his argument that executive privilege shielded him from handing over potential evidence implicating him and his top aides in the cover-up—including recordings of intimate Oval Office conversations. Nixon submitted his resignation after a delegation of his fellow Republicans relayed that Congress had positioned itself to oust him.
Leaving Vietnam
Presidents from John F. Kennedy through Nixon escalated American involvement in Southeast Asia during the Cold War, but Congress never declared war in Vietnam. A 1973 deal, under Nixon, ended official U.S. military involvement. However, complete withdrawal didn't occur until more than two years later—a period during which Congress reduced funding for South Vietnam's democratic government. Congress did not shut off all funding for Saigon, as some conservatives subsequently claimed, but they refused to endorse larger administration requests, asserting a congressional check on the president's military and foreign policy ambitions.
The Affordable Care Act
A Democratic Congress overhauled the nation's health insurance system in 2010. The Affordable Care Act, among other things, attempted to compel states to expand the Medicaid program covering millions of children, disabled people, and some low-income adults. But the Supreme Court ruled in 2012 that Congress couldn't force states to enlarge the program by threatening to cut off other federal funds. The Court, however, upheld other portions of the law. Republicans, even when holding the White House and Congress, have been incapable of repealing the Act.
Barry writes for the Associated Press.
Further Reading
- Voices: Calmes: The "USA" Brand Took Over 200 Years to Establish. It Took Just 100 Days for Trump to Tarnish it
- News Analysis: Trump's 100 Days: Disrupt, Break, Defund
- Trump Signs Executive Orders Targeting College Accreditation, Schools' Equity Efforts*
- In American history, the principle of checks and balances has played a crucial role in preventing the consolidation of power in a single person's hands.
- One of the foundational skirmishes pitting checks and balances occurred during President John Adams' last days in office, when his successor, Thomas Jefferson, and Secretary of State James Madison ignored Adams' last-minute appointments.
- The case of Marbury v. Madison tested the principle of checks and balances, with Chief Justice John Marshall concluding that Jefferson acted illegally by shelving the appointments.
- The issue of national banks in the 19th century also tested the principle of checks and balances, with President Andrew Jackson vetoing the recharter of the First Bank of the United States despite Congress's intentions.
- During the Civil War, Abraham Lincoln suspended habeas corpus, a move that triggered a test of the principle of checks and balances, with Congress eventually ratifying Lincoln's actions retroactively.
- The Reconstruction era witnessed a clash between President Andrew Johnson and Congress, with Johnson's leniency towards Confederates and suppression of formerly enslaved people challenging the ability of Congress to check the president's power.
- The spoils system, where almost all federal jobs were political appointments, was a significant test of the principle of checks and balances, with the Pendleton Act marking a shift towards civil service reform in 1883.
- President Woodrow Wilson's advocacy for the League of Nations in the aftermath of World War I tested the principle of checks and balances, as the Senate Foreign Relations Committee chair brought the treaty with amendments that Wilson rejected.
- The principle of checks and balances was tested during the Watergate scandal, as the Supreme Court ruled unanimously against President Nixon in his argument that executive privilege shielded him from handing over potential evidence implicating him and his top aides in the cover-up.
