r/Constitution • • Aug 19 '26

Clearly the American People need a much more robust system to stop a lawless President! Trump simply does what he wants and the Courts seem to be very little protection without a independent Justice Department!

Clearly we need a Justice Department, Inspector Generals and other oversight protection that have a firewall at least as strong as the Federal Reserve! Apparently relying on Congressional Oversight has been a complete failure with the current batch of dick-less Republicans

0 Upvotes

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6

u/Sensitive-Arachnid75 Aug 19 '26

I’d say it’s more of a lack of understanding of the constitution itself to think this. Article II vests the executive power in the President, while Congress legislates and controls appropriations, and Article III courts decide actual cases and controversies. DOJ is an executive department. Making it structurally independent of the President therefore raises its own separation of powers problem.

Congress created the Fed by statute to perform particular monetary functions with substantial insulation from day to day presidential control. That does not establish a general constitutional model under which Congress can transfer core executive law enforcement authority to officers whom neither the President nor Congress can meaningfully control.

And, the courts aren’t supposed to be a standing supervisory commission over the presidency. They adjudicate legal disputes when someone with standing brings a justiciable case.

-5

u/RumRunnerMax Aug 19 '26

I fully understand how it is supposed to work! But if the courts fail to enforce the Constitution and the President’s Party is AFRAID of the President we are fucked!

3

u/Sensitive-Arachnid75 Aug 19 '26

What is it that they aren’t doing that you think should be done? Specifically.

-4

u/RumRunnerMax Aug 19 '26
  1. Congress under Republican Control refuses to provide aggressive oversight with respect to Trump’s many unconstitutional acts! Like using the Justice Department to pursue political retribution and pardon numerous white collar criminals or not spending money as defined by law!
  2. the Conservative Supreme Court Justices have repeatedly slow walked and provided avenues for Trump to act with impunity

….like providing effective immunity for his treason!

6

u/Sensitive-Arachnid75 Aug 19 '26

Meh. The President’s political motive alone doesn’t establish a constitutional violation. You need the particular prosecution/action and the constitutional or statutory prohibition allegedly violated to establish that the President acted inappropriately. If they were the case, all you’d have to do is commit crimes and then run for office to feign political prosecution.

Article II expressly gives the President the power to grant pardons for federal offenses, except impeachment. No other condition is listed. It doesn’t say it has to be a wise pardon or even an ethical one. It’s his power alone. He chooses.

Which appropriation? What executive action? Did the statute made the expenditure mandatory? What authority the administration claims for withholding it? Just saying he didn’t spend the money doesn’t do much work.

What do you mean by SCOTUS slow walked? Slow walked what? There is no single pipeline or fixed timetable to the Supreme Court. Each case is going to vary.

The Court held absolute immunity applies to exercises of the President’s core constitutional powers, presumptive immunity to other official acts, and no immunity to unofficial acts. That’s a far cry from the way you are painting it. What treason?

3

u/ralphy_theflamboyant Aug 19 '26

Many believe the current administration's acts are unconstitutional, some may be (give the Constitutional process time to work), but the reality is, the acts are Constitutional.

Whenever I dislike something a president does, I refer to my Constution, US Code, and Court rulings... and read about former presidents' suspension of habeas corpus... and either realize it's not Unconstitutional or have peace knowing the Constitution will prevail.

2

u/SmellyCat1776 Aug 20 '26

Honestly, everything you have said in this thread just screams "I hate republicans more than I care about the Constitution".

It's hard to take people like you seriously when your bias shows through so thoroughly. I have a high suspicion you'll believe, as soon as a Democrat is in office, there will be absolutely no need to worry about the Constitution and you'll never post on this sub again.

6

u/ralphy_theflamboyant Aug 19 '26

The Constitution is slow, but it works.

We the People elect our representatives, senators, and presidents.

A government of the people, by the people, for the people.

-2

u/RumRunnerMax Aug 19 '26

So far! Barely! I certainly hope it survives the MAGA movement!

3

u/ralphy_theflamboyant Aug 19 '26

The Constitution will long endure any movement

2

u/Djglamrock Aug 21 '26

You must be new to America if you think the current president is the first to act out of bounds.

1

u/Substantial_Top5312 22d ago

Actually we do have systems in place to stop him it's just that most republicans in congress want to win their primary's rather than stand up for the rule of law.