I agree with this, but I also think for this to work Congress will need to reform its own procedures to allow it to be more nimble and exercise authority more easily. The big one is eliminating the filibuster, though that on its own won’t be sufficient. You’d also have to have reforms that streamline the committee process, and that takes some power from leadership and committee chairs and gives it to backbenchers. Basically the thought is to make it raise to pass bills, and to give more agency to individual members so that they feel more invested in preserving Congress’ power as an institution.
I think the only way to actually enforce any change is to push control of spending back to the body that authorizes it. We need to make changes to Impoundment rules.
Trump is brazen, shameless, and lawless. He will openly do illegal things, such as not spend money as authorized by Congress, and Congressional Republicans and the Courts don't care. See, e.g., USAID.
Any future president can do the same. The problem with Trump isn't just that the executive has too much power. Its that a President with enough support from his party and within the administration can break the law, and continue with illegal actions, until SCOTUS stops it. By the time SCOTUS steps in, damage will be done.
This must change. We must create bodies that can act independently of the President to execute spending or enforce laws. Who enforces funding cuts under your war powers suggestion? The Treasury? Would Bessent ever enforce that? Doubtful.
The Courts and Congress need an independent enforcement arm to make sure that Presidents can't break laws and get away with it, since the President is supposed to enforce the laws he is breaking. Until that happens, Democrats absolutely should not unilaterally disarm, and should use Trump's shameless tactics to bring Republicans to the negotiating table to make these radical changes.
On tariffs: the CBP enforces tariff rules. Trump has full control of CBP. When SCOTUS rules against him, he can merely direct CBP to continue collecting tariffs, and will fire everyone who refuses to do so until someone does.
I agree with this, but I also think for this to work Congress will need to reform its own procedures to allow it to be more nimble and exercise authority more easily. The big one is eliminating the filibuster, though that on its own won’t be sufficient. You’d also have to have reforms that streamline the committee process, and that takes some power from leadership and committee chairs and gives it to backbenchers. Basically the thought is to make it raise to pass bills, and to give more agency to individual members so that they feel more invested in preserving Congress’ power as an institution.
I think the only way to actually enforce any change is to push control of spending back to the body that authorizes it. We need to make changes to Impoundment rules.
Trump is brazen, shameless, and lawless. He will openly do illegal things, such as not spend money as authorized by Congress, and Congressional Republicans and the Courts don't care. See, e.g., USAID.
Any future president can do the same. The problem with Trump isn't just that the executive has too much power. Its that a President with enough support from his party and within the administration can break the law, and continue with illegal actions, until SCOTUS stops it. By the time SCOTUS steps in, damage will be done.
This must change. We must create bodies that can act independently of the President to execute spending or enforce laws. Who enforces funding cuts under your war powers suggestion? The Treasury? Would Bessent ever enforce that? Doubtful.
The Courts and Congress need an independent enforcement arm to make sure that Presidents can't break laws and get away with it, since the President is supposed to enforce the laws he is breaking. Until that happens, Democrats absolutely should not unilaterally disarm, and should use Trump's shameless tactics to bring Republicans to the negotiating table to make these radical changes.
On tariffs: the CBP enforces tariff rules. Trump has full control of CBP. When SCOTUS rules against him, he can merely direct CBP to continue collecting tariffs, and will fire everyone who refuses to do so until someone does.
What are Republicans gonna do, impeach him?