The Constitution Trumps The President

His actions illustrate a fundamental misunderstanding of, and brazen disregard for, the rule of law.
08/05/2017 12:58 pm ET Updated Aug 07, 2017
Anadolu Agency via Getty Images

On January 20, 2017, with his right hand placed on the historic Lincoln Bible, Donald Trump uttered the most important sentence of his life:

“I do solemnly swear that I will faithfully execute the office of President of the United States and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”

These 35 words – spoken verbatim by every U.S. President at their inauguration – have achieved a hallowed status in our nation’s collective memory and psyche. These 35 words have immense symbolic meaning, but they also possess real power. They are enshrined in Article II, Section I of the U.S. Constitution, the blueprint for our democratic system of government and the founding document upon which our society is built. They bind their speaker in an oath to uphold the Chief Office of the Executive Branch of the United States. These 35 words state, in the starkest of terms, the two fundamental duties of the President: to “take care that the laws be faithfully executed” and to preserve, protect and defend the Constitution.

Trump has repeatedly acted out his selfish desire to discredit or eliminate an official investigation into Russian meddling in the 2016 presidential election.

Before January 20, 2017, every president, from George Washington to Barack Obama, had served in elected office or the military, held a government position, or been a member of the bar prior to entering the Oval Office. Before January 20, 2017, Donald Trump had never been elected to public office, nor served in the military, nor held a position in the government, nor been admitted to practice law before the bar. This is noteworthy because it means that in his 70 years of living, Donald Trump had never taken a public oath to uphold the Constitution before January 20, 2017.

During his campaign, Trump often touted his lack of political experience as a strength. Since January 20, however, it has become increasingly obvious that Trump’s illustrious career as a real estate mogul, television personality, and Victoria’s Secret judge has left him entirely unequipped to grasp the full weight, scope, meaning of – and the obligations he assumed in taking – the Presidential Oath of Office.

It is the solemn duty of the President to exercise his authority consistent with the Constitution and in a manner that supports and strengthens the rule of law. The Constitution imposes on the Congress the responsibility to hold the Chief Executive accountable if he abuses his powers. Such is the genius of the Founders who created our system of checks and balances in the Constitution. Congress, especially the House of Representatives, is the political branch of the government closest to the people; therefore, if the President is called upon to answer for abuses of power, he answers to the Congress acting on behalf of the American people.

As a senior member of Congress and the House Committees on Judiciary and Homeland Security, I am ever mindful of my responsibility to preserve and protect the pillars of our democracy. I answer to my constituents directly and indirectly to all Americans. Donald Trump, unfortunately, has yet to grasp this fact. Trump has repeatedly acted out his selfish desire to discredit or eliminate an official investigation into Russian meddling in the 2016 Presidential election – as evidenced by his firing of former FBI Director James Comey and his contemplated dismissal of Attorney General Jeff Sessions and Special Counsel Robert Mueller. These actions illustrate a fundamental misunderstanding of, and brazen disregard for, the rule of law, checks and balances, and separation of powers that define our democracy.

If Trump fires Special Counsel Mueller, he will set into motion a sequence of events eerily reminiscent of one of the darkest chapters in our nation’s history.

If Trump fires Special Counsel Mueller, he will set into motion a sequence of events eerily reminiscent of one of the darkest chapters in our nation’s history – the Watergate scandal of 1974. In particular, Trump will be reenacting the Saturday Night Massacre, when Richard Nixon’s order to fire special prosecutor Archibald Cox led to the resignations of Attorney General Elliott Richardson and Deputy Attorney General William Ruckelshaus. The public reaction and congressional response to the Saturday Night Massacre was swift: numerous resolutions of impeachment were quickly introduced in Congress, and just nine months later, the House Judiciary Committee approved articles of impeachment charging Nixon with obstruction of justice.

As the Ranking Member of the House Judiciary Subcommittee on Crime, Terrorism, Homeland Security, and Investigations, it is my job to take a proactive stance on presidential abuses of power that violate the Constitution and threaten our democracy.

I am not alone in my grave concern about Trump’s attempts to cover-up the tacit or active involvement of his campaign in activities of entities allied with the Russian Government to influence the outcome of the 2016 presidential election. Everyday Americans, journalists, and Members of Congress in both chambers and on both sides of the aisle come closer to connecting the dots.

For this reason, I have introduced H. Res. 474, a resolution condemning any action by the President to remove Special Counsel Mueller, impede his investigation, or pardon any person for offenses against the United States arising out of Russia’s meddling in the 2016 Presidential Election. U.S. Senator Lindsey Graham has stated his intention to introduce legislation in the Senate making the firing of a Special Counsel appointed to investigate a president or his staff subject to judicial review.

The message to the President is clear and unmistakable: if he takes any action to hinder the Special Counsel’s investigation into Russian interference in the 2016 presidential election, he will provoke a bipartisan backlash and be met with a proportionate congressional response to uphold the Constitution and the rule of law.

On January 20, 2017, Donald Trump took an oath – the first of his life – to preserve and protect the Constitution and to take care that our nation’s laws are faithfully executed. We, the American people, must all do our part to hold him to his word.

 

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