Thursday, February 20, 2025

The First 100 Days.

      February 16, 2025,

On March 4, 1933, FDR was inaugurated as the  Great Depression raged. He immediately summoned Congress to a 3 month special session. During that session, he signed 15 major bills, issued 9 executive orders, and Congress passed 77 laws. On his 100th day in office, FDR gave a radio address in which he coined the term “the first 100 days.” Since then, a president’s first 100 days has come to serve as a measure of an administration’s early success.

In her January 24, “Letters from an American” newsletter, Heather Cox Richardson said, “the dismantling of that system” that made America a post WWII power “is happening all at once.” In just three weeks in office, President Trump signed 65 executive orders, a pace faster than any president in US history. He also:

  • Attacked allies and made outreach to direct adversaries.
  • Halted and eliminated DEI programs at the Federal level, including removing references to DEI and use of the word gender on government websites.
  • Neutralized the opposition Democrats while demanding and receiving complete loyalty from Republicans, usurping powers previously reserved for congress.
  • Abandoned traditional norms that served as guardrails for presidential power by installing loyalists to lead formerly independent departments and institutions, most notably the Department of Justice.
  • Carried through on threats to seek retribution from domestic political opponents, including removing security clearances and Secret Service protection details, while his appointees fired and/or gathered information on Justice Department attorneys and FBI agents who participated in investigations of him.
  • Began deportation of illegal aliens and sent thousands of troops to the US Mexico border.
  • Directed Elon Musk and his non-employee, unelected and unappointed “volunteers” to fire thousands of federal employees, freeze spending, and eliminate government agencies; in some cases, it is unclear if DOGE workers have been vetted, trained, or filed disclosures.
  • Escalated his war on the press by opening investigations of PBS and NPR, reinstating complaints against NBC, ABC, and CBS, and granting White House Press Corps credentials to “new media” voices.

Trump also broke laws and ignored court orders, contending judges have no right to overrule his actions. The goal appears to be to test the limits of presidential powers at the Supreme Court level. The Court has a 6-3 conservative majority, including three justices he appointed in his first term.

In each case, Trump departed from traditional norms and pushed the boundaries of presidential power.

The framers of the Constitution, having overthrown a monarchy, envisioned a constrained role for the president. Separation of powers, requiring presidents to be re-elected, and granting Congress impeachment powers are all mechanisms the founding fathers included to limit the power of the office.

Other presidential restraints have been traditional rather than legal. But those traditions may not last forever. When George Washington declined to run for a third term, Ahe established a tradition that lasted over a century, until FDR served four terms. Only three years after FDR’s death, term limits became law through enactment of the 22nd Amendment.

Expansion of presidential powers has mostly occurred incrementally, often in times of crisis. Lincoln suspended habeas corpus during the Civil Law. FDR pushed the limits of presidential power during the Great Depression and pushed through the War Powers Act during WWII. Following 9/11 George W. Bush dramatically expanded the power of the intelligence agencies. In each case, presidents met little resistance as they took actions previously reserved for Congress. 

Yet even as presidents gained power, limits remained. Since Watergate, presidential involvement in Justice Department and FBI investigations has been strictly limited – by tradition – especially when they touch on the White House.

In his first term, Trump unsuccessfully challenged many of those traditions. This time he appears prepared to push for a different outcome.

Notes.

https://heathercoxrichardson.substack.com/p/january-24-2025

https://constitutioncenter.org/blog/defining-the-presidents-constitutional-powers-to-issue-executive-orders

https://hls.harvard.edu/today/presidential-power-surges/

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