The American System Would be Challenged by a Felon in the Oval Office

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TL/DR –

The article discusses the implications of Donald Trump’s criminal indictments and felonies on the American democracy, and the potential of him running for presidency again. It debates on the flaws in the checks and balances system that could allow a criminally-convicted individual to seek presidency, raising questions about the limits of power in a potential second term. The article also highlights varied views, with some arguing that concerns over Trump’s potential unchecked executive powers are overreaching, while others worry about the threat to American democracy and the Constitution.


Accountability Questioned as Trump Disrupts Democratic Norms

Patrick Henry, the revolutionary hero, predicted a time when a potential criminal might occupy the presidency and undermine attempts to hold him accountable. Historical fears are being realized as Donald J. Trump, a previously and potential future president, redefines the rules and seemingly shatters the checks and balances system. Despite facing multiple impeachments, criminal indictments, sexual abuse and business fraud judgments, and a felony conviction, Trump remains a viable candidate for a second term, raising concerns about the limitations of presidential power and potential abuses.

The Judiciary’s Role in Presidential Checks and Balances

The judicial branch may not provide the traditional balance of power against the executive branch in the face of another Trump term. Given Trump’s documented willingness to push constitutional boundaries, the risk of unchecked presidential power looms high. Moreover, Trump’s legal team has sought immunity from the Supreme Court, claiming a president could order the assassination of a political rival without criminal jeopardy.

The Risk of Unfettered Presidential Power

Jeffrey A. Engel, director of the Center for Presidential History, argues that Trump’s viability as a candidate, despite his political and legal history, is unprecedented. Robert Kagan, scholar at the Brookings Institution, warns in his new book that a second Trump term could result in boundless abuses of authority. However, Trump supporters and some critics argue that such concerns are overstated, pointing to politicization of the justice system against him.

Challenges in Maintaining Presidential Accountability

American lawmakers have struggled to devise non-political mechanisms to uphold presidential accountability. The last half century has seen an independent or special counsel investigate nine out of 10 presidents. Despite these investigations, presidential accountability remains a contentious issue. The inherent political nature of these investigations often results in their conclusions being dismissed as politically motivated.

The Future of Presidential Norms

If Trump returns to the White House, it sets a new standard for what is considered acceptable in a president. “This conviction brings into stark relief how violently Trump has rejected that tradition.” states Lindsay M. Chervinsky, the incoming executive director of the George Washington Presidential Library.


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