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United States
OpinionWorld Opinion
Opinion
Thomas O. Falk

We need to talk about Trump’s war on the US Constitution

The US system of checks and balances hinges on an unspoken premise: that those who operate it at least respect the rule of law

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US President Donald Trump signs executive orders in the Oval Office of the White House on April 23. As Trump governs through unprecedented executive orders, the constitutional system of checks and balances shows signs of strain. Photo: AFP
Thomas O. Falk is a journalist.

When Benjamin Franklin emerged from the Constitutional Convention in 1787, a woman asked him what kind of government the delegates had crafted. “A republic, if you can keep it,” he replied. Those words, oft repeated, carry a note of caution that reverberates across the ages. A republic demands the vigilance of its citizens to shield it from the predations of power.

Donald Trump’s second term as US president has exposed a harsh reality: the Constitution of the United States falters when leaders flout its norms and institutions fail to respond. As Trump governs through unprecedented executive orders, the system of checks and balances, meant to thwart tyranny, shows signs of strain.

The founding fathers were aware that a corrupt president could do irreversible harm to the republic. James Madison, in No 51 of the Federalist papers, declared, “If men were angels, no government would be necessary.”

The Constitution established a federal government with three coequal branches – legislative to craft laws, executive to enforce them, judicial to interpret them – designed to check and balance one another, ensuring no single arm could clutch too much power.

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