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constitution
Trump's First 100 Days of Unchecked Power
It's been a lawless few months, but there's some good news here. Through times like these, we can identify ways to make our democracy work better — and for the first time in our country’s history, make it work for everyone.
Apr 30, 2025
For nearly 250 years, the American system of government has been built to guard against an authoritarian leader. Our Constitution created a careful balance of powers among the branches of government to ward off tyranny. But just 100 days into President Donald Trump’s second term, we are seeing this system bend to the point of breaking under the weight of a willful disregard for the rule of law.
We must take this moment to finally install more concrete guardrails against corruption and abuse of power.
America’s system of checks and balances was never meant to depend on trust alone. It was designed to be tested and strengthened. We have relied on key tools to rein in executive overreach: a vigilant Congress, a strong judiciary, an engaged citizenry informed by public interest groups, an apolitical civil service, independent inspectors general, meaningful whistleblower protections, and ethics laws, to name several.
Some of these safeguards are holding. Right now, civil society is carrying much of the burden. Investigative journalists, watchdog groups, academic institutions, and advocacy organizations are doing the work that too many public officials have abandoned. They are shining lights into corners where the government prefers darkness, informing the public and pressuring institutions to act.
The problem isn’t just that guardrails are being destroyed; some have always been missing.
The courts, too, have shown signs of resilience. Despite last year’s Supreme Court ruling expanding presidential immunity, which chipped away at the judiciary’s role as a check on executive power, judges have issued rulings that uphold our basic constitutional principles. That said, recent moves from the judicial branch are alarming. They have done so even in the face of hostile rhetoric and open defiance.
These bright spots are important, but they are the exception, not the rule. We must confront a harsh reality: Many safeguards have proven extremely fragile. If we hope to emerge from this crisis with our democracy intact, we must also confront what has failed and what we must change.
Congressional oversight has become theatrical at best and nonexistent at worst. This is especially true when the president’s party holds power. And the legislative branch has let the executive branch encroach on its power of the purse and diminish its role in the policymaking process. That dynamic must change. Members of Congress need to remember they work for their constituents. That means scrutinizing the executive branch regardless of which party controls it, holding more hearings back in members’ districts, and creating more accessible public forums.
An apolitical and secure civil service has long been a stabilizing force in our government, ensuring that laws are implemented faithfully and without bias. But mass firings and politically motivated purges are dismantling this safeguard. When loyalty to the president is prized over competence or integrity, the system begins to collapse from within. To protect their essential work, we must strengthen legal safeguards for civil servants and insulate them from political retaliation.
Inspectors general — the independent watchdogs tasked with rooting out misconduct across federal agencies — have been fundamentally disempowered. President Trump has removed many of them without explanation or cause, threatening a critical line of oversight. Congress must not only rebuild but strengthen the independence of inspectors general. That may look like moving them to the legislative branch, where they could be protected from executive interference.
The work of everyone who cares about democracy... matters more than ever. Not just for today’s crisis, but also to ensure this doesn’t happen again.
Whistleblowers, another bedrock of internal accountability, are often our first and best defense against corruption. But their protections are increasingly toothless after the president illegally fired the head of the very office designed to uphold them. This move costs us the information we need to root out corruption and abuse.
The problem isn’t just that guardrails are being destroyed; some have always been missing. Ethics laws for the most powerful people in government are far too weak. Both the president and vice president are exempt from the conflict-of-interest rules that apply to the federal workforce. Members of Congress can buy and trade stocks even though their decisions often move markets. And Elon Musk’s role in the White House demonstrates how glaring financial conflicts can sow deep distrust in government actions. We need stronger laws at the highest levels so the public can be confident their government is working in their interest.
None of these failures exist in isolation. Each one enables the other. Without consequences, the last abuse of power is just practice for the next.
But here’s the good news: the reverse is also true. Strengthen any of these pillars, and you strengthen the whole system. That’s why our work — the work of everyone who cares about democracy — matters more than ever. Not just for today’s crisis, but also to ensure this doesn’t happen again.
We can make our democracy work — and for the first time in our country’s history, make it work for everyone. But only if we fight for it.
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The Next Person in a Cell With No Charges Could Be You
We are now in the midst of a outright coup against the Constitution, against the United States, and against our founding ideals. If we don't fight for and win the release of Kilmar Abrego Garcia, our democracy is dead.
Apr 15, 2025
Yesterday was the day democracy in our nation officially died.
We no longer live in the America we grew up in: “The land of the free and the home of the brave.” The country the rest of the world looked up to and depended on. The country that claimed to follow the rule of law, and valued compassion and the protection of its most vulnerable people.
We are now in the midst of a outright coup against the Constitution, against the United States, and against our founding ideals: Donald Trump proclaimed it yesterday when he openly defied the Supreme Court and our founding documents with a sneer, and his neofascist sycophants chuckled and giggled in the Oval Office.
When Marco Rubio claimed that arresting and deporting a man legally living in the US was “foreign policy” that can’t be overseen by the Supreme Court and then congratulated himself on his cleverness.
Trump’s response to the ruling was a resounding, “Fuck you” to our courts, our Constitution, and our laws.
Kilmar Abrego Garcia, a legal U.S. resident who committed no crime, is now held in El Salvador’s most notorious concentration camp, where as many as 75 men are packed into cells designed for a fraction of that number.
Prisoners are not allowed outside — not for fresh air, not for exercise — and the fluorescent lights never go off. Food is minimal: plain rice or beans twice a day, with water. There is no possibility of appeal for him or the other 75,000 people El Salvadoran dictator Bukele has arrested and imprisoned without due process.
This father of three US citizens, this husband of a US citizen, who had been in the US with the permission of our government, is today packed in with savage gang members — literally murderers and rapists — in one of the most infamous and violent prisons in the world.
He has is no access to legal counsel, no information about charges or release, and medical care is often denied except in extreme emergencies. Days blur into nights as men lie on concrete floors or sit in silence, many carving repetitive paths along the walls to stay sane.
Kilmar may be doing the same, clinging to routine, to hope, to anything that reminds him he once belonged to a country that promised justice.
But then came the most lawless president in the history of America, who yesterday all but declared that we are no longer a constitutional democratic republic as long as he is president.
Article I, Section 9 of the United States’ Constitution is unambiguous about habeas corpus, Latin for “produce the body,” which means no person can be imprisoned without first knowing the charges against them, being able to challenge those charges, and having a court of law decide their fate.
This right embraced by our Founders and written into our Constitution literally dates back to the year 1215 when King John signed the Magna Carta at Runnymede, as Article I Section 9 clearly states:
“The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”
(Trump is falsely and cynically claiming in an illegal Executive Order that the government of Venezuela has sent gang members to “invade” the US. Bizarrely, even if a court were to uphold this “invasion” gimmick, Kilmar Abrego Garcia is neither a gang member nor even a Venezuelan; he’s a citizen of El Salvador who’s lived in the US since he was 16, is a union worker and beloved member of his community, and was here legally.)
Fifth Amendment to the Constitution:
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury… nor be deprived of life, liberty, or property, without due process of law…”
Sixth Amendment to the Constitution:
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”
Seventh Amendment to the Constitution:
“[T]he right of trial by jury shall be preserved…”
Eighth Amendment to the Constitution:
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
Please point out to me where, in our Constitution, it says that the President of the United States or the Secretary of State can simply order a “person” (see 5th Amendment; nowhere does the word “citizen” appear) to be arrested and transported to a foreign hellhole concentration camp without a warrant, without an attorney, without a trial, and without even advance notice that might give him a chance to protest his innocence.
An unanimous Supreme Court ruled last week that our Constitution, as quoted above, says exactly what it means and Trump must “facilitate” the return of Kilmar Abrego Garcia, who is not a criminal and has been denied all of the due process provisions detailed above in our Constitution and its amendments.
Justice Sotomayor was explicit:
“The Government’s argument, moreover, implies that it could deport and incarcerate any person, including U. S. citizens, without legal consequence, so long as it does so before a court can intervene. …
“[T]he proper remedy is to provide Abrego Garcia with all the process to which he would have been entitled had he not been unlawfully removed to El Salvador. That means the Government must comply with its obligation to provide Abrego Garcia with ‘due process of law,’ including notice and an opportunity to be heard…
“It must also comply with its obligations under the Convention Against Torture.”
Trump’s response to the ruling was a resounding, “Fuck you” to our courts, our Constitution, and our laws. And to the millions of American citizens who are frightened by his systematic dismantling of our legal system.
It was an open assertion by Trump that he can do anything he wants, no matter how unlawful or unconstitutional, without fear of consequences. That he has successfully staged a coup against the government of the United States and her laws and has every intention of running this country like Russia or Hungary.
And not only that, he told El Salvador’s authoritarian president Bukele that the people he next wants to send to his slave labor camp are American citizens like you and me:
“Home grown criminals. Home growns are next. You gotta build about five more places. It’s not big enough.”
Which brings us to a frightening echo of Jefferson’s objections to the “tyranny” of King George II, as outlined in the Declaration of Independence he authored and was signed on July 4, 1776:
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed…
“The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.
“He has refused his Assent to Laws, the most wholesome and necessary for the public good. …
“He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers. …
“He has made Judges dependent on his Will alone…
“He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws…
“For depriving us in many cases, of the benefits of Trial by Jury:
“For transporting us beyond Seas to be tried for pretended offences: …
“For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments: …
“In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.” (emphasis added)
If Trump and his ass-kissing lackeys aren’t stopped by public outrage, our courts, and our Constitution and laws, then America has ceased to be a functioning republic and the future is unknowable but certainly grim.
If Trump and his ass-kissing lackeys aren’t stopped by public outrage, our courts, and our Constitution and laws, then America has ceased to be a functioning republic and the future is unknowable but certainly grim.
That would be, the Declaration says, the very definition of tyranny. As Senator Chris Murphy just posted to Bluesky:
“You may not think this case matters to you. But Abrego Garcia was legally in the U.S., just like all the rest of us. His status as an immigrant doesn't matter as a matter of law. If Trump can lock up or remove ANYONE — no matter what the courts say — we are all at grave risk.”
Trump should be impeached for his defiance of the Supreme Court and our Constitution. For spitting in the face of our Founders and every American veteran who has ever fought (or died) for this country and it’s ideals. For using foreign concentration camps.
Tragically, however, Republicans in Congress and across the country are now fully in on the coup. They have chosen an egomaniacal, self-centered narcissist and his billionaire friends over their integrity, country, and their oath of office.
Show up in the streets this coming Saturday and reach out to your elected representatives to demand a return to the rule of law.
The number for Congress is 202-224-3121, at least for the moment; like with Social Security, Trump may cut that phone number off any day now, too.
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Elon Musk: Governing While High
This is the man whom President Donald Trump has chosen to advise him and to oversee the workings of the federal government, nuclear weapons included. Is he “almost always sober” when he does it?
Apr 01, 2025
Though this column comes to you on April Fool’s Day, it’s no joke. By now, it’s likely that many of you reading this piece have seen enough of our de facto president’s behavior to wonder if he’s in his right mind.
On January 6 last year, The Wall Street Journalran this headline:
Elon Musk Has Used Illegal Drugs, Worrying Leaders at Tesla and Space X
In this case, the drug in question is ketamine, a powerful anesthetic and hallucinogen known to be addictive. In answer to questions about his drug use, Musk has stated that he uses the drug under medical supervision to treat chronic depression, adding that he’s “almost always sober” when he writes posts on social media during the pre-dawn hours, and that he makes sure his drug use doesn’t get in the way of his 16-hour work days.
This is the man whom President Donald Trump has chosen to advise him and to oversee the workings of the federal government, nuclear weapons included. Is he “almost always sober” when he does it? This is the man who spoke at greater length than anyone else at Trump’s first Cabinet meeting, where the barely confirmed secretary of defense was present, and where neither he nor his newly concocted department of government efficiency (no capital letters for its title, please) has Congress’ blessing. Somehow he and Trump pulled it out of the thin air of an executive order. Never mind that the Constitution places the power to create federal departments in the hands of Congress. Apparently the Constitution is nothing but a silly formality as far as he and Trump are concerned.
Then there was that little infomercial party he threw with Trump’s approval when he turned the White House into a Tesla dealership. Maybe Trump collected a commission. As for his values, this is the man who refused to say whether he would allow hate speech on his social media platform. This is the man who made his sense of right and wrong plain when he said, “The fundamental weakness of Western civilization is empathy.”
Now ask yourself: Would you allow this fellow to provide official cover and excuse for Trump’s tariffs, which are increasing the price of your food, fuel, and housing? Would you allow him to ignore or defy court orders whenever he wants, as he has already done? Would you allow him to rip apart Medicare and Social Security, on which many of you depend? Would you allow him to undo the effort to control the nationwide damage which climate change has done? Would you let him pry into your personal information? Would you allow him access to our nuclear arsenal, at a very time when the nuclear arms race has reached what the Bulletin of Atomic Scientists has called its most dangerous point ever?
Evidently most of our resident billionaires would, as long as the money rolls in, now that the world’s richest man is in charge.
Maybe Mr. Musk is taking ketamine under medical supervision to treat chronic depression. For the moment, let us suspend disbelief and grant that point. Does it follow that he should be running the federal show at the expense of badly needed social programs, while Mr. Trump offers us his special brand of strange entertainment?
Meanwhile, those in charge of Congress are compliant, while those in charge of the opposition cave in and pray meekly for some sort of deliverance in 2026.
Such is the prank our leaders play on us on this year’s Feast of Fools.
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