On Guardrails to the Presidency
[guest post by Dana]
From Alberto Gonzales, former U.S. attorney general and counsel to President G.W. Bush:
The American presidency is the most powerful position in the world. Of course, our constitution and laws, as well as institutions such as Congress and our courts, act as guardrails to that power. The law provides the certainty of accountability and fundamental fairness. Yet it is the president’s integrity, honesty and respect for our institutions that may be the most important and reliable check on abuses of power.
As the United States approaches a critical election, I can’t sit quietly as Donald Trump — perhaps the most serious threat to the rule of law in a generation — eyes a return to the White House. For that reason, though I’m a Republican, I’ve decided to support Kamala Harris for president.
…
Power is intoxicating and based on Trump’s rhetoric and conduct it appears unlikely that he would respect the power of the presidency in all instances; rather, he would abuse it for personal and political gain, and not on behalf of the American people.
In a nutshell, and so well said. Read the whole thing.
—Dana
Excellent.
Dana (052af3) — 9/12/2024 @ 2:45 pmLet us not forget that we are also being asked to place the nuclear codes in the hands of a person who could not get a security clearance.
John Boddie (dcf99c) — 9/12/2024 @ 3:08 pmThis piece by Gonzales is the most persuasive argument I’ve read on why Harris is a better choice for our country.
My favorite line is this:
norcal (6cc547) — 9/12/2024 @ 3:12 pmTrump doesn’t need to get elected to cause trouble. He is extremely likely to challenge the election results if he loses.
There are still guardrails.
Sammy Finkelman (e4ef09) — 9/12/2024 @ 3:30 pmThe constitution was made to deal with people like trump and nixon and sometimes even works! Jackson proved not always. Partisanship in congress protected both clinton and trump.
asset (1eb74b) — 9/12/2024 @ 3:39 pmThe constitution was made to deal with people like trump and nixon
asset (1eb74b) — 9/12/2024 @ 3:39 pm
The Constitution will not work if there is insufficient civic virtue.
Third-world countries could copy our Constitution word for word, and yet still fail spectacularly.
norcal (6cc547) — 9/12/2024 @ 4:08 pmRather than rail against Trump, we need to take a good look at why this man has such a backing. It started with economic discontent, but it has transformed into something else.
It feeds now on a disrespect for the Rule of Law; a deeply-held feeling that The Law is used to partisan ends and that there is some direction to that. It’s a frustration that “nothing can be done” and every attempt falls to those who can wield The Law to their partisan advantage. Case in point: the gaming of immigration law to allow seemingly unfettered immigration by those who the black-letter would exclude but judge-made law does not.
As so, it’s not so much Roper wanting to cut down all the laws, but an assertion that they are already down and only the other side is capitalizing on that.
And so, Trump, willing to ignore the Law to gain his ends is met with widespread approval.
Trump may well be defeated here, and I think that will be the end of him. But it won’t be the end of the rabble’s feelings that the Law is a weapon aimed at them. That is what really needs fixing.
Kevin M (b5543b) — 9/12/2024 @ 4:19 pmThe constitution was made to deal with people like trump and nixon and sometimes even works! Jackson proved not always.
It worked with Jackson, too — his excesses were not continued. Yes, the Trail of Tears, but Jackson ALSO ended the property requirements for voting, a huge democratic win. There were 365,000 votes in 1824, with 6 states not holding a popular election. In 1832 there were 1,250,000 votes with only South Carolina having a legislative election.
Kevin M (b5543b) — 9/12/2024 @ 4:28 pmThe Constitution will not work if there is insufficient civic virtue.
One of the many crimes the education establishment is guilty of is deprecating Civics education in high school.
Kevin M (b5543b) — 9/12/2024 @ 4:34 pmTrump doesn’t need to get elected to cause trouble. He is extremely likely to challenge the election results if he loses.
If he does that again, the courts will fall on him like a ton of bricks. What I fear more is that there will be a violent insurrection if he wins.
Kevin M (b5543b) — 9/12/2024 @ 4:36 pmA violent insurrection by Trump’s supporters if he loses is an equally likely possibility, no matter what the courts rule.
Rip Murdock (d2a2a8) — 9/12/2024 @ 4:42 pmDoes anyone doubt that, win or lose, Trump is going to show up on the Capitol steps on January 20, 2025, and demand that the oath of office to be administered to him?
norcal (6cc547) — 9/12/2024 @ 4:52 pmI mean, it’s just the way he rolls.
norcal (6cc547) — 9/12/2024 @ 4:55 pmActually, I do doubt that. If he loses, he may try some court challenges but repeating J6 would be ensure he spent the rest of his life in prison. Remember, this is a many who puts himself first, and putting himself in harm’s way is not his metier.
But to many his returning to the WH would be the end of American democracy and I suspect they will have something to say should he win. God and Country would be on their side, no?
Kevin M (d55751) — 9/12/2024 @ 5:00 pmAssumes facts not in evidence. He and his mob would be better prepared for a fight.
Rip Murdock (d2a2a8) — 9/12/2024 @ 5:41 pm> Actually, I do doubt that. If he loses, he may try some court challenges but repeating J6 would be ensure he spent the rest
Your blind faith is touching.
Why would cases based on that be any more successful than the ones based on his last attempt to steal power?
aphrael (e8dd04) — 9/12/2024 @ 6:24 pmThat would take actual cajones. Never forget that despite all of the bluster, Trump is always a coward.
He’ll try to get others to do bravery, he’ll con and swindle, but putting his own behind on the line is just not in his wheelhouse.
“I just came and gave a speech, I had nothing to do with that.
Always a pansy.
Colonel Klink (ret) (96f56a) — 9/12/2024 @ 6:49 pmMAGAs will ignore anything Gonzalez say because he worked under GW Bush, therefore is a Forever Wars Neocon and Disloyal To The Orange Messiah.
Paul Montagu (be56b4) — 9/12/2024 @ 8:15 pmMAGAs will ignore anything Gonzalez say because he worked under GW Bush, therefore is a Forever Wars Neocon and Disloyal To The Orange Messiah.
Paul Montagu (be56b4) — 9/12/2024 @ 8:15 pm
And a RINO, and part of the swamp, and blah, blah, blah.
Even I know the MAGA catechism. Unfortunately, it works on the low-information voters.
norcal (6cc547) — 9/12/2024 @ 8:32 pmA repetition of January 6th won’t land Trump in prison; the current election interference charges are hanging by a thread and have nothing to do with his Ellipse speech and subsequent assault on the Capitol. But like in 2021, his MAGA followers know what he wants, and they have nothing to lose. January 6, 2025 it will be their last chance to seize power for Trump.
There’s a reason that January 6, 2025 has been declared a National Special Security Event; aa direct result of the insurrection four years ago.
If MAGA loses at the ballot box, there’s always the ammo box.
Rip Murdock (4f585f) — 9/12/2024 @ 9:18 pmMy wife and I were literally talking about this, people that are educated or skilled on one thing, but completely refuse to learn about anything else.
They’ve completely outsourced their common sense. They like that it seems a celebrity is paying attention to them, he must know things because he sure seems like he’s successful and very very confident.
He’s lost $4B in 6 months, $500M in 24 hours, with $2B left. He was worth $6.8B in March, put up $350M in civil bonds, still has a couple of hundred mill in exposure in civil settlements, and Trump Media has current book value of ~$200M, so the $300M in cash minus obligations, he’s got 60% of that. Carry the 1…so he’s essentially broke. There’s some value in his real estate portfolio, maybe a couple hundred mill, but he’s still on the hook for the rest of his penalties.
If he’s not president, he’s going to have to file for bankruptcy for a 7th time. Extremely successful and confident, sure, if you don’t think much good then biggly brains he has.
MAGAts just have to be dumber than him, and gullible, that’s some serious mental challenges, we’ve got 75M of them.
Colonel Klink (ret) (96f56a) — 9/12/2024 @ 9:34 pmI wonder how the MAGAts feel about Trump violating the US Flag Code?
Colonel Klink (ret) (96f56a) — 9/12/2024 @ 11:05 pm@22 what do you think?
asset (a71528) — 9/13/2024 @ 1:06 am@3
As if Harris has more integrity? Jesus wept…
It’s all about the policies.
whembly (477db6) — 9/13/2024 @ 6:31 amJ6 was one of the greatest disillusionments I have ever experienced. I had always assumed that if a violent insurrection occurred in this country, it would come from the left. I had naively discounted the sabre-rattling rhetoric I had been hearing from the right.
I’m convinced that if Harris loses, she will concede. There will be a lot of discontented grousing, some protests here and there, some demonstrations, but probably none of them violent. If Trump loses, on the other hand, even by a considerable margin, the MAGA crowd will shout “stolen!” (they’ve already had a lot of practice at that) and protests will pick up momentum until they turn violent.
But, I’m no prophet.
Roger (12f0fa) — 9/13/2024 @ 6:37 amTrump has no policies. He has a sales pitch.
And Harris has shown orders of magnitude more integrity in every aspect of their respective lives you care to consider relevant than Trump is even cognizant of. He is a Thrasymachus to whom justice is what is good for him and only him.
nk (0c573b) — 9/13/2024 @ 6:50 amThe whembly project, at least until November, is to make Harris seem as “personally” bad as Trump. BuDuh gave him some advice on the last thread that might be useful about the nature of his task.
If Kamela starts cheating on her husband with Laura Loomer, maybe I’ll agree with him.
Appalled (88a1a3) — 9/13/2024 @ 6:57 amYeah, I was wondering where Laura looms in the Lewinski penguin parade.
nk (0c573b) — 9/13/2024 @ 7:01 am@ Kevin M (b5543b) — 9/12/2024 @ 4:19 pm
You are more correct than you think.
Joe (a71fc6) — 9/13/2024 @ 7:01 amLet’s not be gaslit into believing Harris has the kind if “integrity” ya’ll are looking for:
Harris is relentless, in her pursuit of abusing whatever powers she wields:
https://www.nationalreview.com/2020/08/kamala-harris-relentless-pursuit-of-power/
Probably *the* most disqualifying position she advocated for, is her court-packing for purely ideological/partisan purposes of changing the Court’s decisions. That is the single gravest threat to our constitutional system among anything done or proposed in American politics over the past decade, and she’s on record to push for this destructive policy. “It is a crossing of the Rubicon that would, in a single stroke, destroy the Supreme Court as a guardian of the rule of written law, reducing it to a banana-republic appendage of whoever happened to be in power at any particular time.”
Our system has a strong immune system against threats of the sort that Donald Trump has presented. He’ll be facing hostile media, hostile ideological opponents, hostile courts (Hawaii judges) and even GOP who’s own self-interest will guide them to rebuke Trump’s worst impulses because they’d want to have a longer career…however, it has a very weak immune system against threats of the sort Harris presents. Virtually every abuse of power she champions would have a battery of institutions…the press, the academy, the bar, blue-no-matter-who…lining up to support her.
Kamala Harris is a menace to the American system. Her advancement to the presidency would be a terrifying prospect for liberty and law.
Alberto Gonzales is wrong.
He’s wrong for the simple fact that he has not once articulated that Harris has the sort of integrity he’s seeking AND that the existing guardrails would reign in her worse impulses.
It is Harris, who’ll be a far more menace to our freedom and liberty than Trump could ever hope to dream.
whembly (477db6) — 9/13/2024 @ 7:02 am@27
…and it’s the Harris voter’s job is to gaslight us to kingdom come.
Good luck.
whembly (477db6) — 9/13/2024 @ 7:07 amWhembly, Did you catch Trumps clear statement in the debate that the 2020 election was stolen? Did you also catch his lie that all his cases were dismissed for lack of standing?
That lie annoyed me the most as it further undermines faith in our system by wrongly persuading his supporters that the legal system won’t even hear Trump’s claims about fraud.
I don’t want a president that’s willing to tear down the system rather then admit he lost an election.
Time123 (99c4bd) — 9/13/2024 @ 7:13 am@32
I caught all that… and the courts slapped his ass down.
THAT is the guardrail.
Did you see all the bullet points I listed above about Harris? Did you understand my blurb about all the institutions that would support her radical policies?
whembly (477db6) — 9/13/2024 @ 7:16 amAll Harris does this days is lie after lie.
I don’t know who lies more… Trump or Harris.
Such a sad state we’re in right now.
whembly (477db6) — 9/13/2024 @ 7:17 amI never could figure out who lied more, George McGovern or Sam Giancana, either.
nk (0c573b) — 9/13/2024 @ 7:41 amYou wish.
Paul Montagu (be56b4) — 9/13/2024 @ 8:38 am@36
It is from my perspective.
And I’d argue it should be everyone’s.
whembly (477db6) — 9/13/2024 @ 8:42 amWhy would cases based on that be any more successful than the ones based on his last attempt to steal power?
I don’t believe I said they would be. I just think that Trump is on thin ice and knows it. His abiding self-interest would make him cautious. He can always fleece his flock on the injustice of those nasty courts.
Kevin M (39ae7a) — 9/13/2024 @ 8:48 amThat would take actual cajones. Never forget that despite all of the bluster, Trump is always a coward.
Another way of saying what I said.
Kevin M (39ae7a) — 9/13/2024 @ 8:50 amUnfortunately, it works on the low-information voters.
90% of Americans are low-information voters. Sturgeon’s Law.
Kevin M (39ae7a) — 9/13/2024 @ 8:51 amYou are more correct than you think.
Yeah, I only posted that because I only kinda thought so.
Kevin M (39ae7a) — 9/13/2024 @ 8:54 amGuardrails?
Irrespective of Congress, a President has enormous power.
* They have foreign policy prerogatives that are only slightly constrained.
* They have been given trade powers that are almost as unfettered.
* They control a bureaucracy that has been granted effective lawmaking power, subject only to the Administrative Procedures Act. Congress can’t block a damn thing; impeachment would be easier.
* They can order the Executive Branch to toe the line with Executive Orders.
* They can accede to friendly lawsuits though consent decrees.
* They have piles and piles of money they can disburse to friends and withhold from foes.
All this without crossing any lines. Some presidents cross them anyway and the next president ends up with more power.
There are no guardrails that have any meaning. Any thought there are some is simply self-delusion.
Kevin M (39ae7a) — 9/13/2024 @ 9:02 amHarris can promise to do a lot of things, but as President she will be constrained by Congress (which will have at least a Republican Senate) and the courts. And if she ignores court rulings, Congress can either impeach her or use their power of the purse.
Rip Murdock (d2a2a8) — 9/13/2024 @ 9:19 am@42
True.
But under a GOP administration, you can have people in States Dept championing “intra-agency consensus” and leak like a mf. (*cough*Vindman*cough*)
True again, and it’s up to Congress to claw that back.
You forget, Chevron deference is now dead. So there’s going to be a LOT more litigation against wayward agency rulings now.
Yup.
Yep.
Yup.
Hawaiian Judges enters the chat…
whembly (477db6) — 9/13/2024 @ 9:19 am@43
You mean… like when the Biden/Harris administration did with the rent moratorium or the school loans.
…oh wait.
whembly (477db6) — 9/13/2024 @ 9:20 amGiven all of the above (and being a communist to boot), if Harris does become President, what do you intend to do?
Rip Murdock (d2a2a8) — 9/13/2024 @ 9:21 amWhich have been systematically blocked by the courts at each turn. In fact, the “rent moratorium” has never gotten beyond the talking stage (it would require Congressional approval, a highly unlikely prospect); and the eviction moratorium was blocked by the Supreme Court in 2021.
Rip Murdock (d2a2a8) — 9/13/2024 @ 9:28 amI agree that’s your perspective, to let the guy who attempted a coup get a pass. Not me, and hopefully a solid majority also reject the coup attempter.
Paul Montagu (be56b4) — 9/13/2024 @ 9:28 amPreservation of country first, policy second.
Source
Rip Murdock (d2a2a8) — 9/13/2024 @ 9:52 am@46
I’d be s h ! t out of luck.
whembly (477db6) — 9/13/2024 @ 10:22 am@47
The leadup to when the court blocked it the administration was enforcing it.
whembly (477db6) — 9/13/2024 @ 10:23 am@48
I reject the premise that it was a “coup” and you look insane perpetuating it.
whembly (477db6) — 9/13/2024 @ 10:23 am@49
Key word: Halt. As in, some of the programs were running and the courts had to put a stop to it.
So from the start till the time the courts halted it, the administration was able to execute.
On a different tanget: Are these not guardrails? Why do you think Trump would be able to avoid these guardrails (when he couldn’t/didn’t in his first term?).
whembly (477db6) — 9/13/2024 @ 10:26 amI’m looking forward to the Trump administration recouping the forgiven student loans, but in all honesty, the government shouldn’t be in the student loan business at all.
Trump would be able to avoid these guardrails because he will have nothing to lose. He will be unable to run for President again, and he will be able to avoid impeachment since a Republican House wouldn’t, nor would a Republican Senate convict.
Rip Murdock (d2a2a8) — 9/13/2024 @ 10:34 amwhembly, your boy had a terrible debate…which is clearly triggering panic theater.
He remains deranged over the 2020 election results and adds to it with absolutely bizarre conspiracies about immigrants stealing and then eating cats and dogs….and making broad unsubstantiated claims of post-birth abortions (also known as murder).
I know that none of this bothers you because it literally can’t…but I’m curious if there would be ANYTHING that Trump could do or say that would cause you to not vote for him?
Harris remains a poor choice for a conservative, but it’s hinged versus unhinged. Trump either has a cognitive problem, a problem sorting reality, or such a low regard for the electorate that he prefers trolling over acting responsibly. I can’t imagine trusting him with national security questions.
AJ_Liberty (5f05c3) — 9/13/2024 @ 10:34 amAnd then there is his presidential immunity.
Rip Murdock (d2a2a8) — 9/13/2024 @ 10:35 am> Why do you think Trump would be able to avoid these guardrails (when he couldn’t/didn’t in his first term?).
Larger percentage of judges appointed by him for reasons of personal loyalty to him rather than fidelity to the constitution — judges like Cannon are going to let him do what he wants because that’s what he picked them for.
Meanwhile, if he simply orders his administration to ignore adverse decisions and promises to pardon anyone who follows the order, there is no recourse; *Trump himself* would be immune to prosecution, and as long as he was doing this for things that Republicans in Congress liked, impeachment would be impossible.
_Trump v US_ might not have broken the system if the Presidency were guaranteed to be in the hands of people who respected traditional constraints on the exercise of power. Trump is not such a person, and there are no longer any meaningful guardrails, just pretty little pretend Potemkin guardrails.
aphrael (9c2ac5) — 9/13/2024 @ 10:36 amI reject any premise that rejects my premise. It was f-cking insane and traitorous that Trump attempted it.
Paul Montagu (be56b4) — 9/13/2024 @ 11:02 am@54
There’s zero ways for some future administration to be able to that.
100% agreed. But my point is that Biden/Harris administration has demonstrated in pushing these, even when they know it won’t likely succeed in courts. The time of the initiation till it’s “halted” is a massive win in their eyes because it’s unlikely you can ever reverse it later.
HOW?
Please. Spell. It. Out.
I think being lame ducked weakens Trump’s cache to do anything.
whembly (477db6) — 9/13/2024 @ 11:19 amYou are winning hearts and minds, whembly!
Hahahaha!!
Keep adding to the comment count, that is your only success here.
BuDuh (63f4b4) — 9/13/2024 @ 11:24 amBomb threats force second consecutive day of school closures in Springfield, Ohio
Yeah, guardrails.
nk (0c573b) — 9/13/2024 @ 11:26 amThe basic point here is that we have given too much power to an individual. Some of them may be good people, but not all of them will be. For every Augustus there will be a Nero. Most of them will be mediocrities.
The first thing to do is re-establish the single-house legislative veto over delegated regulatory and trade powers.
Kevin Murphy (bfb8ad) — 9/13/2024 @ 11:27 amMeanwhile, if he simply orders his administration to ignore adverse decisions and promises to pardon anyone who follows the order, there is no recourse
There are actually Republicans (and even some Democrats) who don’t agree that the ends justify the means. Impeachment is not only possible, but unavoidable, if the People object strongly. Nixon didn’t fall because people disliked his ends; they disliked his means.
Kevin Murphy (bfb8ad) — 9/13/2024 @ 11:31 amNew bowser. Disregard that little man behind the curtain.
Kevin M (bfb8ad) — 9/13/2024 @ 11:34 am> There are actually Republicans (and even some Democrats) who don’t agree that the ends justify the means
There may be Republicans who believe that, but any Republican who supports Trump clearly does not.
The Republican party of 2024 is not the Republican party of 1974, or even the Republican party of 2004. The ones who don’t agree that the ends justify the means are people like Cheney, widely derided in the party as RINOs.
aphrael (9c2ac5) — 9/13/2024 @ 11:59 am@55
I don’t care about the debates, and like I said in the debate thread I don’t think it’ll matter much.
He’s free to have an opinion.
We do know those Haitians has “resourced” the ducks/geese there, as there are numerous 911 calls… so, at the minimum its claim that hasn’t been disproven yet.
There are numerous cases of botched abortions.
Yes. Democrats selected a better non-progressive politician.
Had RFK jr. been the Democrat nominee, as whacky as some of his positions are, it would be a difficult decision for me to still vote for Trump (might still, as RFK’s positions are currently vaporware).
It amazes me that you, and others, don’t consider Harris unhinged.
She supported taxpayor-funding sex-change surgery for inmates and migrants.
Can you get more unhinged than that?
Trump’s a chaotic, boorish man, but to me he’ll do the least damage than a Harris/Walz administration.
whembly (477db6) — 9/13/2024 @ 12:21 pmHow crazy is Trump? It’s possible he could be the only President-Elect to be impeached.
Kevin M (608868) — 9/13/2024 @ 12:57 pm@65 I’m wondering if aphrael rocked a “Cheney-Satan 2008” bumper sticker back in the day.
lloyd (88b2ee) — 9/13/2024 @ 1:06 pm“The basic point here is that we have given too much power to an individual.”
Nature abhors a vacuum. Congress being unable to act leads to the President trying to compensate. Hyper-partisanship and toxic politics make compromise impossible. No compromise means issues fester. We just can’t survive with so much tribalism and hyperbole without testing the system…be it with corrupt people or destructive ideas.
AJ_Liberty (5f05c3) — 9/13/2024 @ 1:11 pmGOP who’s own self-interest will guide them to rebuke Trump’s worst impulses because they’d want to have a longer career
whembly (477db6) — 9/13/2024 @ 7:02 am
As evidenced by Liz Cheney retaining her seat in the House
norcal (6f5f8a) — 9/13/2024 @ 1:48 pm@70
No. She kamakazi’ed her career.
I’m talking about general push back on polices, that requires Congress to pass.
whembly (477db6) — 9/13/2024 @ 2:25 pmWe just can’t survive with so much tribalism and hyperbole without testing the system…be it with corrupt people or destructive ideas.
Trump won’t be the last. AOC is waiting in the wings and boy does she have plans.
Kevin M (2fc181) — 9/13/2024 @ 3:29 pm