“Constitutional Crisis” by Julius Knapp. Interviewed by Brian Smyers
Written and Recorded 3/1/25
It’s difficult, verging on impossible, to articulate all the feelings of the past several weeks. President Donald Trump was inaugurated on January 20 and has been hard at work stretching the limits of executive authority and power. Among the more alarming executive orders are:
Implementing the Presidents “Department of Government Efficiency” cost efficiency initiativeCommencing the reduction of the federal bureaucracyEnsuring lawful governance and implementing the President’s “Department of Government Efficiency” deregulatory initiativeEnsuring Accountability for All AgenciesEstablishment of the White House Faith OfficeImplementing the president’s “Department of Government Efficiency” workforce optimization initiativeA plan for establishing a United States Sovereign Wealth FundEstablishing and implementing the president’s “Department of Government Efficiency”Declaring a National energy emergencyProtecting the meaning and value of American citizenship
On their face, these executive orders would seem to be anything but ordinary, some may even appear to be exceptionally positive. Who could be against government efficiency or accountability, the protection of sovereign wealth, or dealing with emergencies? (And to be clear, no one left, right, or center is against these ideas… on their face.) But the implementation of these orders has been anything but ordinary. As a DOD contractor, business owner, elder millennial, and Maryland resident, I’m seeing and feeling the effects of their implementation nearly every day.
For several decades at least, the mentality at the DOD in general was to keep our war fighters and fellow Americans safe. Our forward deployed troops engaged in two wars were under constant threat. The situation domestically, while not as actively hostile, was still one of constant concern and vigilance. It was my great honor to be part of that organization. Working hand in hand with some of this country’s bravest men and women. People who witnessed the attacks on 9/11, felt the calling to serve, and left their old lives behind to keep us all safe. I was not one of those people, but I still felt the pride that came with knowing that something I was doing would help them eventually get home safe.
It was that recent history that lead some to believe that the DOD was “untouchable”, immune from budget cuts and government shutdowns. Truly staggering amounts of money and manpower spent to support the mission. “Whatever it takes, and then some.” Could some of that be considered “waste”? It’s arguable, sure, but also a matter of perspective and government priorities at the time. Regardless, the contrast to today is stark. New and young government employees who were looking forward to a career of civil service now sit in meetings crying, wondering weather they will soon be unemployed.
The experience as a Maryland resident, where so many current and former federal employees live, is also notable. People who had spent years faithfully and earnestly serving the American public, must now stand by and watch their legacy and all that generations before them had built be cursed at or torn down.
To be clear, American life is and has always been one of constant change. To say that our history has been tumultuous might be a gross understatement. And we’ve had prior presidents assert their power in much the same way that President Trump is now. Indeed, it’s likely a court, regardless of political appointment, would find that many, if not all, of the Executive Orders that have been enacted are within the President’s Constitutional Authority. But that’s not really the point.
The Constitution is imperfect. That fact was known even to the great politicians, leaders, and thinkers present when the Constitution was enacted. The question of whether an act of the President is “Constitutional” is much different than the question of whether that same act is moral, ethical, or even in the best interests of the country. That’s why so many of the Constitution’s current 27 amendments were passed, to address, extend, or further protect the rights, liberties, and freedoms we all share. But it took brave people, of every political persuasion, to stand up and come together to make things better.
On average, we have amended the constitution every 10 years, but new amendments have come much less frequently. The last amendment was 34 years ago in 1992 and the one before that was in 1971. Surely, the Constitution is not complete. Moreover and in my opinion, the current flurry of Executive Orders (along with some of the more recent Supreme Court decisions) does present a Constitutional crisis. It’s clear that to many or even the majority of Americans, that the Constitution has not been interpreted or implemented as expected. A new generation of brave Americans is needed to address the needs of our country and to preserve our Democratic Republic for future generations.
To decide for oneself whether the current situation presents a constitutional crisis, I pose the following questions:
Should the Executive Branch be empowered to enact unlimited or haphazard Executive Orders without any Judicial review or Legislative consent?Should the Legislative Branch be allowed to create agencies independent of Executive control but with the authority to impose regulations as interpreted by the Judiciary?Should the Executive Branch have the power to restructure government or unilaterally redirect funding previously directed by Congress?What constitutes an “emergency”? Can the Executive declare a “minor emergency” and does that allow the Executive to have unlimited authority to deal with that emergency?Regardless of the responses to those questions, I’ll present the following casual suggestions:
Public disclosure of from every Senator, Congressperson, Official, or Appointee of every publication, meeting, donation, financial transaction, or investment. Require that all investments be handled by an independent third-party while those persons are in office. Furthermore, form an ethics court within the Judiciary Branch with the power to prohibit Senators, Congresspersons, Officials, or Appointees from engaging or participating in matters where an actual conflict of interest exists.Require the Vice President and Speaker of the House to provide advice and consent for all Executive Orders or Emergency Declarations.Require each new Congress to propose and pass a new budget including approval for any debt before any new business can be addressed. (I’ll admit this one is personal. I’m tired of constantly moving from shutdown to shutdown; it’s no way to run a major superpower.)Whatever the case, it is clear, at least to me, that brave Americans are still needed to maintain constant vigilance and to work together for the betterment of all. The Constitution of our country only lives while we continue to breath life into it.
“Presidential Actions”
https://www.whitehouse.gov/presidential-actions/
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