{"id":15047,"date":"2025-02-03T14:18:05","date_gmt":"2025-02-03T14:18:05","guid":{"rendered":"https:\/\/financialrush.com\/?p=15047"},"modified":"2025-02-03T14:18:05","modified_gmt":"2025-02-03T14:18:05","slug":"what-we-have-learned-from-donald-trumps-first-constitutional-crisis","status":"publish","type":"post","link":"https:\/\/financialrush.com\/?p=15047","title":{"rendered":"What we have learned from Donald Trump\u2019s first constitutional crisis"},"content":{"rendered":"<p> \n<\/p>\n<div id=\"article-body\">\n<div class=\"n-content-layout\" data-layout-name=\"card\" data-layout-width=\"full-width\">\n<div class=\"n-content-layout__container\">\n<div class=\"n-content-layout__slot\">\n<p>This article is an on-site version of our Swamp Notes newsletter. Premium subscribers can sign up <a href=\"https:\/\/ep.ft.com\/newsletters\/56a64b704f693a0300dfab7e\/subscribe\" data-trackable=\"link\">here<\/a> to get the newsletter delivered every Monday and Friday. Standard subscribers can upgrade to Premium <a href=\"https:\/\/www.ft.com\/manage\/subscription\/change\/da448d11-851d-545c-dc0e-e9a2aef62e54?segmentId=5d1c2689-3304-f81f-a9e5-b3e96e93c176\" data-trackable=\"link\">here<\/a>, or <a href=\"https:\/\/www.ft.com\/newsletters\" data-trackable=\"link\">explore<\/a> all FT newsletters<\/p>\n<\/div>\n<\/div>\n<\/div>\n<p>One of the most diabolical things about President Donald Trump is how fast he moves. He\u2019s put in place more than 40 executive orders already, and he\u2019s only been in office for two weeks. This is surely part of an effort to confuse and scatter the Democratic resistance, which (like the media) has a hard time keeping up with it all.<\/p>\n<p>But last week, Trump\u2019s order to have the White House Office of Management and Budget \u201ctemporarily pause\u201d grants, loans and federal financial assistance programmes to ensure they aligned with the president\u2019s priorities sparked an immediate \u2014 and successful \u2014 response from Democrats. The move, which most likely violated a law preventing presidents from blocking funding that has already been authorised by Congress, would have affected things that really touch average people\u2019s lives: kindergarten programmes, veteran\u2019s benefits, workforce training, rural broadband access, etc.<\/p>\n<p>So, Democrats took to social media, organised non-profit groups to flood the courts with lawsuits, and eventually a federal judge put a temporary block on the order, which the <a href=\"https:\/\/www.ft.com\/content\/62f9f242-b514-493d-b894-0210c722695b\" data-trackable=\"link\">White House then rescinded<\/a>.<\/p>\n<p>There are several lessons to take from this. Below, my top five:<\/p>\n<p>1. This was Trump\u2019s first true attempt at authoritarianism, but it won\u2019t be his last. Yes, there are other actions that have rightly been called out as likely <a href=\"https:\/\/democrats-appropriations.house.gov\/news\/fact-sheets\/background-unlawful-impoundment-president-trumps-executive-orders\" data-trackable=\"link\">\u201cunlawful\u201d<\/a> \u2014 like the impoundment of foreign assistance dollars, and Inflation Reduction Act and Infrastructure Investment and Jobs Act funds. But the order to freeze all federal financial assistance was a step beyond because it touched domestic, congressionally approved funding in ways that were a litmus test for what the population was willing to put up with at home. The fact that he was willing to attempt something seemingly so illegal, and with such impunity, shows that there are no limits to what the White House will throw at the wall. They\u2019ll keep doing just that, seeing what will stick legally.<\/p>\n<p>2.\u00a0Public outcry matters! Trump\u2019s blitz of offensive actions can make people feel tired and go limp. But, as former secretary of labour Robert Reich pointed out last week, \u201chistory shows that early, strategic opposition is crucial to stopping authoritarian over-reach\u201d. Trump doesn\u2019t have an ideology, he has an ego. Public support (or the lack of it) means a tremendous amount to him, and public pressure can be used successfully to clamp down on him.<\/p>\n<p>3.\u00a0\u00a0The block actually organised Democrats in a way that nothing else has yet. I\u2019ve spoken to several groups of progressives that are now joining forces to file lawsuits against other potentially illegal actions, start letter- writing campaigns and talk to the press in a more joined up way. Labour unions are starting to get involved in the resistance, which is important since historically they are often crucial to any kind of authoritarian pushback.<\/p>\n<p>4.\u00a0We\u2019re at a crucial pivot point in terms of how the next four years will play out. There are three ways things could go now. First, there might be a multiyear back and forth like what we\u2019ve just seen, in which the administration tries to do illegal things and sees how far they can get, is pushed back again and again, and eventually end up as a more middle-of- the-road government. Second, they may go full bore to use the federal government to try and suppress state and individual rights (ironically, since the rightwing Supreme Court rulings of the last few years were all about trying to protect those rights), in ways that lead to imprisonment of those that oppose them. Which would lead to option three \u2014 a full on civil conflict in which Democrats and perhaps even some members of the Republican Party try to push Trump out on grounds of mental instability. This would require a huge public outcry of course, and possibly even result in violence in the streets.<\/p>\n<p>5.\u00a0How to avoid this? One thing that Democrats can and should do is to let both Supreme Court Chief Justice John Roberts and the administration itself know that if anything like the federal funds order happens again, they will go on strike. Meaning, they\u2019ll assume that the president is officially in violation of the Constitution, attempting a kind of soft coup, and that they\u2019ll no longer answer to the executive branch in any way. Nothing will get done in Congress. Government itself will grind to a halt. This kind of message might be best delivered by Chuck Schumer and Hakeem Jeffries together. The point here is to offset authoritarian creep.<\/p>\n<p>Peter, what lessons do you take from the OMB debacle, and what should Democrats (and reasonable Republicans) do to combat Trump\u2019s authoritarian actions?\u00a0<\/p>\n<h2 id=\"recommended-reading\" class=\"n-content-heading-2\">Recommended reading <\/h2>\n<h2 id=\"peter-spiegel-responds\" class=\"n-content-heading-2\">Peter Spiegel responds <\/h2>\n<p>Rana, I had a slightly different takeaway on the OMB memo, which at first looked like an extraconstitutional attempt to seize spending power \u2014 but very soon morphed into a tale of bureaucratic ineptitude, which has its own lessons for how we view the Trump White House.<\/p>\n<p>Several news organisations have reported in recent days that the memo didn\u2019t originate with the White House. In fact, it appears to have had no sign-off at the White House at all. Both The<a href=\"https:\/\/www.nytimes.com\/2025\/01\/29\/us\/politics\/trump-funding-freeze-rollout.html\" data-trackable=\"link\"> New York Times<\/a> and <a href=\"https:\/\/www.theatlantic.com\/politics\/archive\/2025\/01\/omb-white-house\/681506\/\" data-trackable=\"link\">The Atlantic<\/a>, for instance, reported that it was authored by senior staff at OMB, who failed to run it by Trump\u2019s praetorian guard before sending it across the federal government. The White House, they reported, was completely caught by surprise.<\/p>\n<p>That in no way excuses what OMB officials tried to do. And surely it is in keeping with the messaging coming from Trump and Elon Musk\u2019s government efficiency operation, which seems willing to run roughshod over such niceties as the US legal code and the good functioning of the federal government to achieve their policy ends. Indeed, The Washington Post had <a href=\"https:\/\/www.washingtonpost.com\/business\/2025\/01\/31\/elon-musk-treasury-department-payment-systems\/\" data-trackable=\"link\">an equally chilling report<\/a> on Friday about the resignation of one of the Treasury department\u2019s most trusted senior staffers after Musk\u2019s team attempted to get its hands on the federal government\u2019s secure payment system.<\/p>\n<p>The flurry of early action has led many to believe that Trump 2.0 is a significantly more efficient operation than Trump\u2019s first tour in the White House. Susie Wiles, Trump\u2019s capable chief of staff, has been able to pare back some of the first term\u2019s chaos, and the four years in exile have allowed Trumpistas to get their ducks in a row before re-entering office. But the OMB memo illustrates that there is still a high element of mismanagement in the Trump operation \u2014 not so different from the clumsiness of the first term, when policies often went off the rails thanks to incompetent execution. (Remember \u201cinfrastructure week\u201d? Me neither.)<\/p>\n<p>All presidencies struggle to turn ideology into executable policy \u2014 and that includes those staffed by veterans of the bureaucratic trenches. What Trump 1.0 showed us was that administrative disorganisation can short circuit that process. So far, Trump 2.0 shows signs of getting better at it \u2014 but it remains to be seen if they can keep it up. The OMB memo saga has me doubtful.<\/p>\n<h2 id=\"your-feedback\" class=\"n-content-heading-2\">Your feedback<\/h2>\n<p><strong>And now a word from our Swampians\u2009.\u2009.\u2009. <\/strong><\/p>\n<p><strong>In response to <\/strong><a href=\"https:\/\/www.ft.com\/content\/94111c2c-8ec3-43a4-a71a-d73431b0325d\" data-trackable=\"link\"><strong>\u201cHow Silicon Valley turned China into its lifeline\u201d<\/strong><\/a><strong>:<br \/><\/strong>\u201cWhy do we bother with confirmation hearings? They have devolved into mere performance art. The nominees appear to lie blatantly when confronted with evidence of their controversial positions (Kennedy, Hegseth, Patel), the Democrats shout at them to show their impotent disagreement, and the Republicans fall into line (Ernst, Tillis) unless they know they don\u2019t provide the fourth vote to sink a nomination (Murkowski, Collins, McConnell).\u201d <em>\u2014\u00a0Garret FitzGerald<\/em><\/p>\n<div class=\"n-content-layout\" data-layout-name=\"card\" data-layout-width=\"full-width\">\n<div class=\"n-content-layout__container\">\n<div class=\"n-content-layout__slot\">\n<p><em>We\u2019d love to hear from you. You can email the team on <\/em><a href=\"https:\/\/www.ft.com\/content\/mailto:swampnotes@ft.com\" data-trackable=\"link\"><em>swampnotes@ft.com<\/em><\/a><em>, contact Ed on <\/em><a href=\"https:\/\/www.ft.com\/content\/mailto:edward.luce@ft.com\" data-trackable=\"link\"><em>edward.luce@ft.com<\/em><\/a><em> and Rana on <\/em><a href=\"https:\/\/www.ft.com\/content\/mailto:rana.foroohar@ft.com\" data-trackable=\"link\"><em>rana.foroohar@ft.com<\/em><\/a><em>, and follow them on X at <\/em><a href=\"https:\/\/email.newsletters.ft.com\/c\/eJyMkD2OIyEQhU_TZFhFUdAQEExiyen-HKCgwG5t2-2laY3m9iuvdjXpxF-p3ntf4VGvW_9Ij_q-r3WM2pWklik2VDWZGVy0CM6qeudlvUiiHCwKZG1CLJrQoM45zzoE1wCgxRpJ3VIgEMNRSok5IuXccHYtB1tctaEZtSQEJDCIhgCATuBrMEiAxD5YQxPBZ6n91MapbHe1ptsYz32ybxOeJzyP9-XFX2zC8zd-8Hnr23bjrtZlHxdJzrOnPAM1Hy2DBZDGea7q2Tc5ykj7k_sv1VO9L-vH6bqtkmu_TgT_Inv9fdS_r6yPGPxsdDHOv7ZbHcEW3ZywpZKtp_r_vMr3-pAfy_3TIlg10nEsMtm3L2kcnR87l7Fsj4ukQFmsz6SRjdOEpWkuvmgXi4lQKgOxOvbafx6LJG65ycxBG2HRZAQ0OzfrYvM8o2C03P4EAAD__884mOY\" data-trackable=\"link\"><em>@RanaForoohar<\/em><\/a><em> and <\/em><a href=\"https:\/\/email.newsletters.ft.com\/c\/eJyMkMGO2zoMRb_G2imgKFqyFlrM4uUhQHdtP4ASqYxRJ05tGcH8fZGixWy7PgTvvady1-u6feS7PvdFe9fNSG6FUkOj2UUYk0cYvdEbz8tFMpXJo0CxbkrVEjq0pZRop2lsANCSJjLv2VfSJs5p0JaqmzAGDS2xQtMa0Zk5IyCBQ3QEAHSCoJNDAiQOk3c0EHyW2k-tn-p6M0t-7_2xD_5twPOA5_6cX_zFBjz_J0_e5P8vR1WzzHu_SB4DByoRqIXkGTyANC5RzWNb5ag97w_efpgt621ePk7XdZGi23Ug-JO46c9Df7_yIeEUorPVjeE13dsEvto2CnuqxQfSv-cqX_Uu3-bbp0TwpufjmGXwb_9ksW9837n2eb1fJE9UxIdCFtmNlrA2yzVUO6bqElRlIDbHrtv3Y5bMrTSJPFknLJacgOVxjLb6EiMKJs_tVwAAAP__MWOYfw\" data-trackable=\"link\"><em>@EdwardGLuce<\/em><\/a><em>. We may feature an excerpt of your response in the next newsletter<\/em><\/p>\n<\/div>\n<\/div>\n<\/div>\n<div class=\"n-content-layout\" data-layout-name=\"card\" data-layout-width=\"full-width\">\n<div class=\"n-content-layout__container\">\n<h3 id=\"recommended-newsletters-for-you\" class=\"n-content-heading-3\">Recommended newsletters for you<\/h3>\n<div class=\"n-content-layout__slot\">\n<p><strong>Trade Secrets<\/strong> \u2014 A must-read on the changing face of international trade and globalisation. Sign up <a href=\"https:\/\/ep.ft.com\/newsletters\/subscribe?newsletterIds=593150d2dea7360004bce4db\" data-trackable=\"link\">here<\/a><\/p>\n<p><strong>Unhedged<\/strong> \u2014 Robert Armstrong dissects the most important market trends and discusses how Wall Street\u2019s best minds respond to them. Sign up <a href=\"https:\/\/ep.ft.com\/newsletters\/subscribe?newsletterIds=584573e552860d000491cdb8\" data-trackable=\"link\">here<\/a><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n\n<br \/><a href=\"https:\/\/www.ft.com\/content\/37a7a038-bbc5-400d-acf7-33da789346ee\">Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"This article is an on-site version of our Swamp Notes newsletter. 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