It has been nearly one month since President Trump was sworn in for his second term in office. During the last few weeks, the executive branch has rapidly chipped away at the balance of powers among the executive, legislative, and judicial branches and has disregarded the laws outlined in the Constitution.
Even though the “power of the purse” to appropriate funds to government programs and agencies is explicitly given to Congress in Article 1 of the Constitution, the president has sought to halt federal grant programs and dismantle entire government agencies without congressional approval or oversight. Political appointees from the Department of Government Efficiency (which is also the subject of numerous lawsuits over its legitimacy and lack of formal appointment process) have compromised the Treasury Department and have participated in what many experts are saying could be the most significant data breach in U.S. history, potentially accessing the personal data of federal employees and millions of Americans. They have handled data without oversight or appropriate security clearances. Additionally, the new administration has issued an executive order to end birthright citizenship, which is explicitly granted in the Constitution and has been affirmed by courts.
All of these actions are in defiance of norms, and many are believed to be outside of the law. In response, numerous lawsuits have been filed, and courts of law have ordered the administration to cease many of their actions — at least temporarily. Unfortunately, the current administration has failed to comply with at least one court order. The vice president has argued that “judges aren’t allowed to control the executive’s legitimate power,” and the White House press secretary has said the courts are creating a Constitutional crisis, not the executive branch.
Ethical governance demands oversight and transparency, and neither of these values is being observed. The president has fired the head of the Office of Government Ethics as well as more than 18 inspectors general, whose jobs include identifying and reducing waste, guarding against corruption and abuse, protecting taxpayer money from fraud, and acting as independent watchdogs. Simultaneously, much of Congress has remained silent about, or even excused, the actions of the new administration.
It’s time for Congress to do its job and step up as a co-equal branch of government. Members of Congress swear in their oath of office that they will “support and defend the Constitution of the United States” — they do not swear an oath to a political party or a president. We commend those members of Congress who have questioned the actions of the president, and we call on more to do the same. The Constitution’s framers envisioned a slow, deliberative policy-making process — not one of “sending shockwaves.” That means Congress has to purposely step in, give oversight, and become a check on unconstitutional actions.
All Americans have a role to play in ensuring our government retains the checks and balances outlined in the Constitution. We can make a difference as we exercise courage in calling out unconstitutional and unethical behavior when we see it; by believing in truth, working to find good sources of information, and checking our own personal biases; by upholding the dignity and humanity of all people; by participating in political processes; and by being involved in our communities and forming relationships, including with those with whom we do not agree politically.
As we have said before, democracy is not guaranteed. We must all do our part to be peacemakers, which means having great tolerance for people but none for injustice and courageously moving into productive conflict whenever necessary. The process of checks and balances is one of productive conflict. We call on Congress to honor their constitutional duty and to provide a check on activity that is not in alignment with the rule of law.