There Isn’t a Constitutional Deus Ex Machina

One unfortunate tendency since the election is for people to think that there is some magical clause in the Constitution that will prevent Donald Trump from becoming President or that will make his presidency a short one. ¬†Faithless electors will vote for Hillary! Trump will be violating the Foreign Emoluments Clause! (which, let’s face it, hardly anybody thought about until 2016). Perhaps we will hear other candidates soon.

There may well be valid constitutional objections to specific things that the President-elect proposes, for many things there will be none. ¬†(Rescinding some of President Obama’s executive orders, for example.) Public opinion will be the only check on these sorts of actions, either on the Administration itself or through the Congress.

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2 Responses

  1. Brett Bellmore says:

    Exactly. We had an election. Some people are unhappy about the result, the losers of elections typically are. Life goes on.

    We have another Presidential election in 4 years. Try to nominate a better candidate next time.

  2. Joe says:

    There are various long shot things being raised but what else is new? The PPACA is apparently so horrible no creative argument should be avoided. And, the comment goes too far.

    The emoluments issue is an important one and the reason it rarely came up was both that past Presidents went out of their way to avoid issues & that Trump is much more likely to be an issue given his business dealings. It is not that we won’t have Trump because of that. It is that it is a serious issue and we should carefully address it.

    And, if “public opinion” is a major check, fine. People can strongly raise alleged problems. They can even push for more. Of course, that’s unlikely, but why put anything as totally so at this point. Impeachment for reasons many experts deem trivial surely is possible. Certain Trump supporters even suggested he would be on a short leash because Republicans in Congress will not give him much rope. I find that a bit optimistic, but why is that much different from the shortened term dig?