Courts and constitution stand between Trump and autocracy
The United States of America prides itself on its constitution and democratic traditions.
Just a month into President Trump’s second term, it’s clear that these are going to be tested in a way they’ve never been in more than 200 years.
Trump 2.0, is not the same as the first version. Here’s just a handful of reasons why we say this -
Trump 2.0 went to Ukraine and offered to continue to defend it if it handed over £500 billion in rare mineral reserves. When Ukraine said no, Trump has started negotiations with Putin on a peace deal that doesn’t include Ukraine.
Trump 2.0 and his wife launched their own cryptocurrencies a few days before the inauguration, making it clear that the new administration will be a strong supporter of crypto. Trump has already made billions of dollars from this move.
Trump 2.0’s biggest donor, Elon Musk, has been effectively handed the keys to the United States Government. Not a bad return for a $290 million donation.
Trump 2.0 is dismantling independent oversight of the US Government by firing 18 Inspector Generals. This is an office that was created after the Watergate scandal to prevent abuse of power and corruption.
Trump 2.0 has conducted a witch hunt of those involved in investigations into his past behaviour and crimes. Dozens of federal employees have been sacked for doing their jobs.
These are just a handful of examples that should concern anyone who cares about democracy. It doesn’t even include wanting to make Canada the 51st state or take Greenland from Denmark!
It’s becoming increasingly clear that Presidential power goes further than anyone dreamed in today’s United States of America. Of course, many of Trump 2.0’s early decisions do go against the law, and even the constitution, and the courts are stepping in to block them.
The other body that should be able to restrict the power of a President is Congress, but the Republican majorities there have shown little inclination to step in. That’s despite there being major concerns about some of Trump 2.0’s early decisions.
It’s looking likely that the courts and the US Constitution are the only things that stand between Donald Trump and fully autocratic power.
The Vice President, JD Vance, has already made it clear what he thinks of this when he said - “Judges aren't allowed to control the executive's legitimate power”. Meanwhile his boss tweeted -
The American Bar Association, which represents thousands of lawyers, has described Trump’s actions as “wide-scale affronts to the rule of law itself”.
It went on to say, “We have seen attempts at wholesale dismantling of departments and entities created by Congress without seeking the required congressional approval to change the law”.
Only time will tell and on many of these issues, the Supreme Court will have the final say. Of course Trump 1.0 appointed 3 of the 9 Supreme Court Justices, creating a conservative 6-3 majority on the court.
It’s a dangerous time for democracy in America and the fact that there is a written constitution means there is hope that Trump 2.0 might not get away with this.
It’s also a reminder that no such written constitution exists in the UK.
Much like we’ve seen Vice President Vance, we saw senior figures in the last Government argue that a mandate from the people should allow the country’s leader to ignore rules and laws.
That’s not something we want to see in the UK and it’s why Unlock Democracy is campaigning for a Written Constitution for the United Kingdom to safeguard democracy at home
Without it we would be even more vulnerable to a future UK leader with autocratic aspirations.
And while it can’t guarantee everything, it can at least be a formidable obstacle to those who don’t care about the rule of law, democracy and human rights.
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