“We the People”! Powerful words. The first words of the Constitution of the United States of America. The words emphasize that the ultimate law of our land is established by the citizens of the United States. Not a king. Not a monarch. Not a ruling class or foreign power, but WE the People. These three words define the concept of sovereignty, where the ultimate source of political power resides in We the People. It lays the foundation for the structure of our government and indicates that our government is created by the people and for the people. It outlines our reasons for having the Constitution to establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty.
The Bill of Rights plays a crucial role in safeguarding our fundamental freedoms. They consist of the first ten amendments to limit the power of the Federal government and ensure specific liberties for the people. We the people. These Constitutional rights are not absolute and can be limited in certain circumstances. This is particularly necessary when exercising a right that will cause harm to others or when there is a compelling government interest. We have the freedom of speech that does not extend to defamation or inciting violence. The freedom of assembly protects the right to gather peacefully for various purposes, including protests.
These freedoms are being severely violated by the President of the United States without any accountability from Congress. Alabama has a vested interest in these violations. Every member of the House of Representatives and the Senate from Alabama has turned a deaf ear and a blind eye to Trump’s disgusting abuse of our Constitution. Tommy Tuberville ran on one promise for the Senate. He vowed to support any and all of Trump’s policies. And he has. Robert Aderholt has consistently voted against the best interest of the We The People in District 4, as have the rest of the Republicans in our House and Senate.
Trump frequently asserts he is acting under the authority granted to him by Article II of the Constitution. He is dead wrong. The Constitution is intended to limit the powers of the president, not provide him with limitless authority as Trump is contending. The Constitution does not give a president the power to violate the Constitution, create or change congressional statutes, or override U.S. Supreme Court decisions.
When a president acts beyond the scope of his Constitutional powers, members of his administration and the other branches of government must step in to stop him. Otherwise, the nation will face not just a Constitutional crisis but also the dismantling of American democracy. Congress has failed to serve as a check on executive overreach. It has fallen to the courts to fulfill their Constitutional role in policing the executive branch when it violates the Constitution and the laws as enacted by Congress. They are failing the American people in doing their job out of fear of political retribution. Trump is a bully who does not hesitate to threaten members of our government who dare to go against him.
At least thirty nine judges have ruled against Trump’s unlawful actions They have variously issued temporary restraining orders or preliminary injunctions preventing the Trump administration from, among many other things, ending Constitutional birthright citizenship, targeting opponents with politically motivated investigations, freezing funding that Congress had approved for projects, and cutting off funding due to political disagreements. The damage being done to the nation will take years to undo and may well be irreversible.
Until Congress stands up to the Trump administration’s efforts to strip its own powers, the courts, and especially the Supreme Court, must stand up for Americans’ rights and the rule of law. Even though there is a right-wing majority on the high court, the court should still be able to speak with one voice that the Constitution prevents the president from acting unconstitutionally. The key question to be answered is: Are the president’s actions Constitutional and legal? The short answer is NO.
Trump is so arrogant to defy the Constitution to claim that he will run for a third term. He has even released “Trump 2028” merchandise. The Constitution explicitly forbids Trump from running for office for a third term. One voice to support this violation is….Tommy Tuberville!
Trump has issued several Executive Orders that have targeted law firms affiliated with the Democratic Party and lawyers involved with the January 6th Committee. This has stripped the security clearance of all attorneys with these firms and prohibited them from entering Federal buildings. The court found that this violated the First Amendment through retaliation and viewpoint discrimination, the Fifth Amendment rights to equal protection and due process, and the Sixth Amendment right to counsel. Bottom line, we have a president who wipes his nose with the Constitution and has zero respect for the rule of law or We the People.
The Supreme Court has made it difficult for the lower courts to enforce their orders against Trump’s apparent overreach. Five justices have largely permitted the administration to move forward with seemingly illegal or unconstitutional actions by overturning temporary restraining orders on technical or procedural bases. They have not spoken on the merits of any of the appealed cases. It seems that Justice Roberts may be staving off a confrontation between the judiciary and Trump. However, judicial appeasement like this will only serve to provide a longer runway for Trump and to engage in activities that may later be deemed illegal and unconstitutional while harming Americans in the process. The lower court judges who are on the front lines understand this.
Trump began breaking the law on day one of his term, and immediately pardoned hundreds of violent criminals. The Trump Administration is breaking the law and undermining the Constitution every day by illegally stealing funds for the programs that help American families and businesses, firing career civil servants without cause, and dismantling agencies created by acts of Congress. From firing public servants to dissolving Federal agencies and taking taxpayer money from our communities, the Administration has violated the law time and time again.
It is time for Chief Justice John Roberts and his colleagues to publicly recognize what is being done to the republic and take a stand for the rule of law. In the meantime, We the People do not need to be electing Trump’s cohorts to hold office in our towns, cities, states, or country! If they are not elected, they have no power!
Lynda Kirkpatrick
Marion County Democratic Party Chair