Presidential Executive Orders And The Dangers Of Marching Towards A Dictatorship

On Friday, Americans woke up to: “Now, therefore, I, Donald J. Trump, … hereby declare that a national emergency exists at the southern border of the United States.” But the stroke of the pen, the law of the land, is not always the best way to rule. In fact, some constitutional scholars warn that the U.S. is marching in lockstep towards a dictatorship. One that not only rules through ambiguous powers and gaps found in the Constitution, but which are virtually silent on the president’s authority to act unilaterally. This includes the most recent executive order by Donald Trump to build his wall along the border with Mexico. For some, it’s a symbol of occupation and oppression. For others, tyranny.

Constitutional Regrets
The American presidency is extremely powerful. This is why no question troubled the framers of the Constitution more than the powers given to the executive. It’s potentially a dominant institution too, since gaps that lay out the formal and informal powers of the presidency exist in Article II. With presidential powers swelling over the last century and the start of this one, some think Americans will someday regret that they “allowed” the president to act unilaterally. The same goes for the imperatives of war and depression, of supposed internal and external threats, and an executive branch which has now grown into a vast legal, administrative, budgetary, intelligence, and transformative arsenal.

Presidential Arsenal
It’s a presidential arsenal that has been both imperial and oppressive. Something historian Arthur M. Schlesinger Jr. famously called the “Imperial Presidency.” Along with controlling the largest military force in the world, postwar presidents tried to handle the challenges of governing a global superpower and complex military-industrial economy and society. It was a society often manipulated by Wall Street and a war-time economy which demanded more concentrated executive authority and actions. Since most dictators came to power the same way, justifying their ruling decrees in the name of internal and external enemies, some say it may have already happened in the U.S.

Sincere, But Dictatorial Laws
The attacks on Sept. 11 made matters worse. Immense powers were suddenly given to the executive branch. This created a temptation for George W. Bush and Barack Obama to rule unilaterally-at the margins of Congress, the judiciary, and the people. There were ways to circumvent the legislature by issuing more executive orders and proclamations, directives, and executive agreements. Without congressional and judicial oversight, or a well-informed and active citizenry, they assumed the weight of law. Law which is usually reserved for only despots and dictatorial rulers-even if they do appear sincere. What’s more, the events surrounding Sept. 11 still remain secret, shrouded in mystery

Where Does It End
There’s also the slippery slope. President Franklin Roosevelt outlawed private ownership of gold. He also signed an order that interned 125,000 Americans based on ethnicity. It still stands today. On the same day that Donald Trump issued his executive order to build his wall-which Mexico was supposed to pay for, there were two mass shootings. Should there be an executive order to ban all guns? Since many more people die from a lack of affordable healthcare or opioid overdoses, should there be a national emergency to either ensure Medicare for all or ban opioids? Consequently, whoever’s in power gets to decide if crises are real or manufactured. Something that’s very dangerous.

A Paradox
Others warn that Donald Trump’s executive orders to declare a national emergency in a bid to fund his promised wall at the U.S.-Mexico border without congressional approval is a paradox. This goes for his predecessor’s. Every dictator has climbed to power on the ladder of similar actions which had been accepted or normalized. They also seized power through free speech and the press, the right to assemble and associate, and a minority party that knew how to manipulate the Constitution. But immediately on attaining power, each suppressed the same freedoms but his own. Dictators moreover admired the uniformity and obedience of the media, and a public which gave them the power to rule.

Irrational Tyranny
According to inside sources, what makes Donald Trump all the more dangerous is his impulsivity and erratic nature. This includes his apparent irrationality, his inability to reflect and change his mind, and his lack of knowledge about the constitution and world affairs. He also has a fondness for signing. To be sure, those around him have sometimes tried to prevent a host of rash executive decisions. Decisions that have either hurt the middle class and trade agreements and the environment, or have endangered the public on the world stage. Since he’s already signed 180 executive actions to date, he may very well go down in history as the president who signed the most.

Dictatorial Revenge
Others warn that a big part of Donald Trump’s core is revenge, very much like a 14-year-old boy who felt he was picked on unfairly.(1) Some think this was actually behind a slip during a Rose Garden press event at the White House. Amid a bizarre avalanche of dishonesty and unproven claims, he said: “I didn’t need to do this.”(2) If he truly believed the wall required a national emergency, why would he utter this? Was it because he was outplayed by House Speaker Nancy Pelosi and the Democrats, and he’s now wanting revenge? Or is it just a sign of a weakness? Either way, revenge always undermines democracy. It’s also a common trait that dictators have.

Too Late To Turn Back
Although House Democrats have vowed to move swiftly to stop the president’s national emergency declaration-and even impeach, it may be too late. This, despite Congress invested with the “power of the purse.” As Commander-in-Chief, Donald Trump’s lawyers will argue the legality of shifting billions of dollars in military funds to build a wall. Nor will he avoid bullying Congress by speaking directly to his base. This goes for attacking individual members of Congress as they debate crucial votes. In the end, few envisioned someone like Donald Trump ever seizing the reigns of presidential power. It’s one more reason why executive orders are so very dangerous.

Waiting For Donald Trump
A final argument against the use of executive powers is that they’ve never recovered from being intoxicated with a “superpower complex.” One that has seldom acted with any considerable or “reasonable” restraint. Donald Trump is no different. He’s just another president that has claimed to have an absolute right to declare a national emergency, and then spend government funds that Congress has explicitly refused to appropriate for the ends. Or fund and fight secret wars. It’s a violation of the Constitution. A threat to American democracy. It assumes the role of a dictator. One with moral delusions of superiority. One that was waiting for someone like Donald Trump to march along.

Dallas Darling is the author of Politics 501: An A-Z Reading on Conscientious Political Thought and Action, Some Nations Above God: 52 Weekly Reflections On Modern-Day Imperialism, Militarism, And Consumerism in the Context of John’s Apocalyptic Vision, and The Other Side Of Christianity: Reflections on Faith, Politics, Spirituality, History, and Peace. He is a correspondent for www.WN.com. You can read more of Dallas’ writings at www.beverlydarling.com and www.WN.com/dallasdarling.

(1) Woodward, Bob. Fear: Trump In The White House. New York, New York: Simon and Schuster, 2018., p. 299.
(2) www.commondreams.org. “I Didn't Need To Do This': Watch That Little Moment in Bizarre Speech When Trump Admits National Emergency Is a Sham,” by John Queally. February 15, 2019.