President - elect Donald Trump in his campaign served notice as to his revolutionary and authoritarian intentions. Since his election he has exuded power holding court at his personal WhiteHouse, Mar A Lago. He has been hosting foreign dignitaries, Republican legislators, media moguls and business titans who were queuing to kiss the ring and throw wads of money into the overflowing alms bucket. The media hung onto every word as America and the rest of the world shudder every time he opens his mouth. He threatens world trade and has imperial ambitions. He has the richest man in the world, Elon Musk backing his threats with unlimited money. There appears to be little to ameliorate the situation. The central question is what are the powers of the USA Presidency as of today that would enable him to carry out his agenda?
There are two major limiting factors in a democracy, one practical - the control the leader has of the party he “represents” and, the other constitutional - checks and balances that he has on his authority. Trump’s control over the Legislative Branches of his party is uncertain and was dealt with in a blog, “Can Trump Pull This Off; November 18, 2024”. In the latter his difficulties of getting his unqualified loyalists confirmed to his Administration was outlined. Most significantly he needs the Legislature to give him massive sums of money to implement his grandiose schemes. However, Trump has considerable constitutional powers outside of the Legislature. Some of the rulings emanating can be challenged legally. He has to be hoping that The Supreme Court that appears to be supportive of a powerful Executive will give him any leeway he needs.
Trump recognizes that he need to pass his agenda particularly as it relates to lower tax rates for the rich, no tax on tips, tariffs, money for his vast expulsion of immigrants and getting rid of the debt ceiling so it doesn’t matter if he expands the national debt. He aspires to accomplish all in “One Big Beautiful Bill”. Good luck with that the Republican Senate Majority leader countering they need two. That too is fanciful thinking. That’s If anything reaches the Senate with a majority in the House of one.
In addition to Trump’s slender Legislative majorities, there has been a profound irreversible split between the two main factions in his coalition - the Musk globalist business band and the Bannon nativist isolationist crowd both of whom have congressional legislative backing as well as followings in the body politic. Bannon threatened Musk warning him that he would "take him out". The MAGA theorist smeared Elon as a war profiteer who would have done business with Hitler! The divisive civil war heated up with Musk calling Trump voters “unrepentant racists”. He lashed out at Steve Bannon to his face declaring “…I will go to war on this issue the likes of which you cannot possibly comprehend”. Lest anyone forget Bannon has just served 4 months in prison protecting Trump. It would appear that Trump is favoring Musk in this Civil War as the sycophantic Mike Johnson stated, after his narrow win as Republican leader of the House, that they were looking forward to working with Musk to trim the budget,
All this makes Trump’s ability to legislatively enact his agenda extremely problematic making him dependent on the powers of the Presidency per se to effect his vision.
THE ORIGON OF THE PRESIDENT’S POWER
A President has, as the Chief Executive, vast other powers as enshrined in Article 2 in the Constitution, especially the fact that it has been interpreted to allow him to unilaterally issue Executive Orders and declare “emergencies” which then afford him unfettered power.
The genesis of American Presidential Power is complex as the Governmental system was a man made achievement consolidated in a Constitution only 250 years ago. There was a deep tension in the creating of a powerful executive with just enough control and accountability to prevent him becoming a king. The Supreme Court has been central in interpreting the Constitution itself as well as defining Presidential power.
For practical purposes there are a number of decisions which are relative to this discussion. Firstly there is The United States v Nixon, 1978, where the Court unanimously ruled that the President could be criminally liable for his actions. This precedent was reversed by The Roberts Court in 2025 where they decided that the President has absolute immunity in both criminal and civil matters for any action taken in the course of his constitutional duties. The latter decision was taken after a long delay that effectively kiboshed the Special Counsel’s ability to try the indicted Trump for criminal activity related to the January 6 2021 insurrection. As matters stand the decision that a President was not immune from civil litigation unrelated to official duties while he was in office, (Clinton v Jones 1997) is still in play. But stick around…..
The up shot of all this if Trump or any President for that matter, for example instructs anyone including a member of his Cabinet to perform an illegal act he cannot be criminally charged. Trump’s lawyer maintained that if Trump ordered a Navy Seal to murder a political opponent that he was immune from prosecution unless he was impeached first! Under the current Supreme Court ruling if the decision was within the scope of his official duties he could not be charged. However a president is still criminally liable for acts performed outside his presidency or for acts in his personal capacity.
The Supreme Court Chief Justice Roberts has belatedly woken up to the fact that the role of the court is not only to fulfill a cultural political agenda more akin to the 18th Century and enshrine a dictatorial Presidency but to serve as a Constitutional check and a balance. Justice Roberts issued an unprecedented warning to “political parties” not to defy the courts. In the light of Trump’s attacks on Judges and officers of the court it is not hard to guess to whom this is directed. This awakening with the Court’s credibility at a low mark in its history is about time. The Court ruled with the slenderest of majorities that Trump could be sentenced for his 34 felony convictions in a case where anyone else would have served jail time. He was given an unconditional discharge so that he could be inaugurated on January 20 2025
HOW TRUMP MAY ACT OUTSIDE OF THE LEGISLATURE.
Trump is the decision maker in several areas. Most importantly the Commander in Chief is responsible for foreign policies but treaties such as abandoning NATO need a Congressional mandate. Likewise declaring war so as to incorporate the Panama Canal, Greenland or Canada into America would require congressional legislation
Trump can issue Executive Orders. These are subject to legal challenge but more often than not if they reach the Supreme Court they are allowed to stand. One of his most controversial orders, in his first term, “The Muslim Travel Ban” was upheld by the Supreme Court. He can also attempt to legalize his orders on the basis of previous laws. Apparently there are two eighteenth century laws which he could base his portent to use the military to deport millions of undocumented immigrants. The 1798 “Alien Enemy’s Act” which was last shamefully used to intern Japanese Americans in WW11.
Presidents’ have been supported in their imposing of tariffs although that is strictly Congress’s responsibility. The issue of a national abortion ban has been mooted and supported by his Vice President. There is an 1873 Chastity Law, which Trump’s Evangelicals want him to use to ban the sending of abortion pills via the post. To date he has said he is against but as he as admitted, “Things change”.
One issue that Trump has been hammering on of late is to deny anyone born American citizenship which is a stretch too far as they are specifically designated as such in the Constitution.
There are two major powers that are non challengeable - the right to negate all other Executive Orders which Trump will do with alacrity, especially those dealing with climate change and fossil fuel energy and the right to declare an emergency which would give him extraordinary powers. Examples might include an economic emergency to get through his sanctions and one that will allow him to use the military internally because of a supposed “invasion”.
Another major item on his list personal retribution via the Justice Department would be covered by the immunity the Supreme Court handed him. However it remains to be seen if Biden dishes out preemptive pardons to anyone involved in the January 6 insurrection. The pardon power of a President is immutable. In that regard Trump has promised to pardon the insurrectionists that he inspired in January 6.
AT THE END OF THE DAY
The President of the United States is one almighty powerful leader made more so by a Supreme Court that has made his “official” illegal behavior untouchable.
Facts that Trump cannot reverse are that he is a convicted felon and the indisputable evidence that the Special Counsel Jack Smith will present as to his instigation and as leader of an attempted coup d tat. What has to be ringing in Trump’s ears is Judge Marchant’s inference that it was the law pertaining to Presidents that kept him out of jail.
There are innumerable non governmental agencies and the Democrats working on any Trump action that is potentially challengeable by the Courts.
Greenland has a population of 57,000 so Musk need only spend 1,000,000 dollars per voter to persuade them that their answer is Donald J. Trump. He must also promise the free health and education that they now get from Denmark.
The price of eggs that Trump again and again on the trail promised would drop the moment he was elected has sky rocketed and the share market is quaking at the inflationary potential his tariffs, expulsion of workers, imperial ambitions and tax breaks will bring. Also they are still fighting in Ukraine.
The best Trump could do to help the unprecedented climate disaster in Los Angeles was to call the Californian Governor scum.
Trump's inauguration speech on January 20 will not be about the "Great American Idea" nor will it be about being President "for all Americans" it will be all about confirming the worst that he has threatened.
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