Can American Democracy Pass The Trump Stress Test? – The Health Care Blog

BY MIKE MAGEE

As we enter a new and most likely historic week, with a former President doing his best to reignite a Civil War in our nation, we do well to take a breath and reread James Madison’s terms from Federalist No. 51. But very first, a several words of heritage.

When it came to checks and balances in this new countrywide experiment in self governance, the Founders, even though developing a few co-equal branches, remaining 1 of those people branches the activity of defining by follow its personal power and impact.

The new Constitution in 1787 awarded a single branch, the elected Congress, the complicated energy to impeach, convict and clear away reps or appointed federal officers for because of trigger up to the President himself. But it also empowered a next branch, the Govt, via its President, veto electrical power to check out legislative excesses and the privilege of initiating appointments to the federal judiciary. Only the 3rd branch of the federal government, the Judiciary, was left intentionally “elastic,” destined to expand into “the triangle of electricity.”

13 many years later, on February 17, 1801, Congress was pressured to break a tie in the Electoral School vote, resolving a Constitutional crisis and declaring a victor in a single of “the most acrimonious presidential campaigns” in U.S. historical past. Thomas Jefferson was awarded the victory, and John Adams acquiesced and was despatched packing a month later on. But two times prior to he departed, Adams unloaded a number of appointments of circuit justices and justices of the peace which the U.S. Senate quickly verified on March 3rd. In the rush, Adam’s Secretary of State, John Marshall (shortly to grow to be Main Justice Marshall of the Supreme Court docket underneath President Jefferson) did not have time to complete a ultimate important stage, providing the commissions, to some of the appointees.

When Jefferson took workplace on March 4th, and saw the possibility to block some judgeships on the technicality, he instructed his new Secretary of State, James Madison, to not supply the commissions. Just one of those people prospective new judges, a Maryland businessman, William Marbury, after making an attempt to unlock his commission for several months, submitted a lawsuit in December, 1801 demanding that his fee be sent by way of a “writ of mandamus.” ( “an get from a courtroom to an inferior authorities formal buying the govt official to thoroughly fulfill their official duties or suitable an abuse of discretion.”)

Sooner or later the situation arrived to the Supreme Courtroom and John Marshall sent the unanimous verdict on February 24, 1803 in Marbury v. Madison. 

In short, William Marbury did not get his judgeship, but not mainly because he did not deserve it. He did, and the choice stated as significantly. But the Court also acknowledged that the authority that Part 13 of the Judiciary Act of 1789 experienced granted the Court docket to problem “writs of mandamus” (and efficiently pressure Secretary of Point out Madison to deliver the appointment) was unconstitutional. 

This was simply because Report III of the U.S. Constitution  (signed September 17, 1787) made apparent that the Supreme Court experienced “original jurisdiction over scenarios only the place a U.S. state is occasion to the lawsuit.” As lawful industry experts have described: Although the selection “limited federal court’s jurisdiction, it cemented the Court’s status as the top interpreter of the Structure.”

William Marbury’s decline grew to become our nation’s get. Our third branch of authorities, in obtaining its voice, described its have powers. As Justice Marshall wrote “It is emphatically the province and duty of the Judicial Section to say what the regulation is…a Regulation repugnant to the Constitution is void.” As law historian Lawrence Friedman wrote, “Here for the initially time John Marshall in the U.S. Supreme Courtroom dared to declare an act of Congress to be unconstitutional.”

Donald Trump, for a time, sat himself in the middle of America’s triangle of electrical power. From his seat as President, he put in himself as “a Golden Idol” and experienced a commanding watch of the Government department of government. By aligning with the Federalist Modern society, the Christian Correct and Mitch McConnell, he was equipped to stack the Judiciary and deliver a promised reversal of Roe v. Wade. But that federal overreach, which included rejecting  50 yrs of precedent and compromising women’s independence and autonomy more than their very own bodies, fueled a resounding 2020 Trump defeat and Republican statewide less than-performance in the 2022 Mid-expression elections.

It also activated a very first at any time President-led armed insurrection on January 6, 2021. But in a serious-everyday living “Democracy pressure examination,” this may well be the moment when our 3 branches of authorities ultimately deliver a message to all Us citizens that no man is previously mentioned the regulation. 

1st, our citizenry pried the Government department cost-free of Trump in 2020. 

Second, our Judiciary, which includes condition and federal courts, have turned down approximately 100 bogus instances led by unethical lawyers on Trump’s behalf, and are nearing a number of indictments of a now, unprotected and disgraced previous President. 

3rd,  a Republican led Congress has been pressured to privately cooperate on serious problems, although publicly feigning ongoing fealty to Trump and a compact band of Trump look-alike’s intent on driving their social gathering above the cliff.

So what did James Madison, creator of Federalist No. 51, have to say about all this? 

On February 8, 1788, he wrote: “If males had been angels, no government would be required. If angels have been to govern gentlemen, neither exterior nor internal controls on authorities would be essential. In forming a government which is to be administered by gentlemen more than gentlemen, the wonderful issue lies in this: you ought to initially empower government to manage the ruled and in the future put oblige it to regulate alone.”

Trump is a strain check, and our nation is rising to the problem. We are little by little, gradually and painfully, finding out to “control ourselves” by enforcing our legal guidelines. Democracy is a perform in development.

Mike Magee MD is a Health-related Historian and author of CODE BLUE: Within the Healthcare-Industrial Elaborate.