CPUd
06-27-2016, 11:39 AM
Donald Trump’s Constitutional Ignorance
Donald Trump, who launched an improbable bid for the Republican nomination for president, has defeated conventional wisdom and captured the nomination, barring some anomaly at the Republican Party’s July nominating convention in Cleveland.
His opponent, presumptive Democratic nominee Hillary Clinton, remains the last obstacle impeding the completion of Trump’s rather unprecedented feat. But can Donald Trump faithfully execute the duties of the office of president?
“Trump either disdains the principles enshrined in the United States Constitution or pretends the document does not exist altogether.”
Merely observing Trump’s rhetoric over the course of his campaign, as well as his entire public life, which spans several decades, indicates that Trump either disdains the principles enshrined in the United States Constitution or pretends the document does not exist altogether.
Given the volume of material with which we are presented when we examine Trump’s posturing toward important constitutional issues, it is convenient to break down the Constitution into its basic components and enumerate the instances during which Trump has expressed opposition to the enumerated principle or power.
Let’s begin with the Bill of Rights…
The First Amendment is perhaps the area of the Constitution to which Trump has failed most profoundly to illustrate any attention or regard.
The amendment lists five particular clauses:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Trump immediately encounters trouble when his policies are considered under the latter portion of the first clause: free exercise. Perhaps the epitome of this was when Trump failed to rule out immediately a requirement that would compel Muslim-Americans to carry around a special identification card or be entered into a national database. His policies continued to clash with religious free exercise when he proposed instituting a surveillance program specifically for mosques and proposed a policy to put a hold on Muslim immigration, which also implicates the due process and equal protection clauses of the Constitution.
Next, Trump repeatedly boasts of his disdain for the freedom of speech, which he often assails in conjunction with the freedom of the press. For instance, he called for the government to “close up” parts of the Internet. Further, Trump has revoked the press credentials of a number of press organizations that have published articles in criticism of him. He criticized Pamela Geller for her “Draw Muhammad” contest that drew violent reactions from radical Muslims, whose attempts to attack the event were met with armed resistance.
Trump also criticized the French publication Charlie Hebdo for publishing controversial editions featuring a comic in derision of Muhammad; the issuing of this edition prompted violence from radical Muslims, who attacked the magazine’s headquarters and killed a number of staff members. Finally, Trump attacks free press when he offers his plan to “open up libel laws” so that he can punish and sue members of the press who write “negative” articles about him.
Next, the Second Amendment protects the right of Americans to keep and bear arms:
“A well-regulated militia being necessary to the security of a free state, the right to the people to keep and bear arms, shall not be infringed.”
Of course, controversy exists surrounding whether or not this clause applies to the individual, but the Supreme Court held in its decision D.C. v. Heller that the right to bear arms at home for self-defense is indeed an individual right. Nonetheless, Trump has openly asserted his distaste for guns, and he regularly disdained the right to bear arms for several years; this disdain continues.
When Donald Trump ran for president on the Reform Party ticket in 2000, he authored his political manifesto, a document that revealed Trump’s desire to ban assault weapons and institute longer waiting periods to obtain a firearm. Additionally, in an interview with Chris Matthews, Trump openly declared, “I hate the concept of guns.” While he affirmed his tenuous belief that “you have the right to have a gun,” his other statements lend credence to the assertion that he believes in a segmented, controlled Second Amendment.
And Donald Trump’s latest display of constitutional ignorance involves the Second Amendment: Trump, following the mass shooting at an Orlando gay night club, came out in support of preventing individuals placed on a terror watch list from purchasing a firearm. Indeed, this relates to both the Second and Fifth Amendments; a clause in the Fifth Amendment reads, “No person shall be deprived of life, liberty, or property without due process.” This is echoed on a state level in the Fourteenth Amendment. Of course, to be placed on a list that denies individuals of the liberty to own firearms without any recourse or due process seems an obvious violation of these constitutional rights; however, Trump offers little heed.
To date, Donald Trump hasn’t openly opposed the Third Amendment.
On the Fourth Amendment, Donald Trump fails consistently as well.
The Amendment reads, “The right of the people to be secure in their persons, houses, paper, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” As previously mentioned, Donald Trump has proposed increasing surveillance on mosques, which, absent a warrant (as the NSA generally operates), clashes with the Fourth Amendment. In addition, Donald Trump backed bulk collection of phone records without warrant: when asked whether he would support restoring provisions of the PATRIOT Act that authorized such collection, he replied, “As far as I am concerned, that would be fine.” He added in an interview with Hugh Hewitt, “I tend to err on the side of security, I must tell you.”
The Fifth Amendment presents problems with Trump, as well.
It contains five clauses: presentment before a jury; due process; eminent domain; double jeopardy; and witness against the self. As I mentioned earlier, Trump’s recently adopted position on terror watch lists constitutes a violation of due process, but his Fifth Amendment woes do not end there.
As has been widely reported, Donald Trump loves to abuse eminent domain. He attempted to use the power and force of government to force an elderly widow from her home in order to build a parking lot for limousines. He later applauded the Kelo decision by the Supreme Court that authorized the use of eminent domain to transfer land from one private owner to another so long as it furthered “economic development.”
On Amendments Six and Seven, Donald Trump has not yet taken open positions in contravention of them, and the same applies to the Eighth and Ninth.
On the Tenth, however, Trump again runs into issues.
Recently, he was asked which duties are among the most important for the federal government. He replied by listing three, two of which were healthcare and education. Indeed, the principal complaint of conservatives regarding education is that federal education standards operate in violation of the Tenth Amendment because the federal government was not granted by the Constitution the ability to regulate education; thus, according to the Tenth Amendment, the responsibility remains with the states. As a result, Trump’s remarks on the matter should invoke skepticism toward Donald’s knowledge of the federalist division of powers that characterizes the American system.
Trump’s constitutional ignorance transcends the Bill of Rights, though. He consistently praises an executive strongman in contravention of the interplay between the First and Second Articles of the Constitution. When Donald was asked whether or not he would continue to abuse executive orders in order to enact legislation, a congressional function according to the Constitution, he answered, “I won’t refuse it. I’m going to do a lot of things.” Trump also praised Russian authoritarian Vladimir Putin and the response the Chinese instituted during the Tiananmen Square episode during which Chinese students protested their tyrannical government, the result of which was a violent quashing by the Chinese government.
As it stands, the oath to the presidency requires the president-elect to affirm that he will protect and defend the Constitution, but given Trump’s remarks on important constitutional matters, it seems that he is both unfit and unprepared to truthfully make these statements.
http://outsetmagazine.com/2016/06/27/donald-trumps-constitutional-ignorance/
Donald Trump, who launched an improbable bid for the Republican nomination for president, has defeated conventional wisdom and captured the nomination, barring some anomaly at the Republican Party’s July nominating convention in Cleveland.
His opponent, presumptive Democratic nominee Hillary Clinton, remains the last obstacle impeding the completion of Trump’s rather unprecedented feat. But can Donald Trump faithfully execute the duties of the office of president?
“Trump either disdains the principles enshrined in the United States Constitution or pretends the document does not exist altogether.”
Merely observing Trump’s rhetoric over the course of his campaign, as well as his entire public life, which spans several decades, indicates that Trump either disdains the principles enshrined in the United States Constitution or pretends the document does not exist altogether.
Given the volume of material with which we are presented when we examine Trump’s posturing toward important constitutional issues, it is convenient to break down the Constitution into its basic components and enumerate the instances during which Trump has expressed opposition to the enumerated principle or power.
Let’s begin with the Bill of Rights…
The First Amendment is perhaps the area of the Constitution to which Trump has failed most profoundly to illustrate any attention or regard.
The amendment lists five particular clauses:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Trump immediately encounters trouble when his policies are considered under the latter portion of the first clause: free exercise. Perhaps the epitome of this was when Trump failed to rule out immediately a requirement that would compel Muslim-Americans to carry around a special identification card or be entered into a national database. His policies continued to clash with religious free exercise when he proposed instituting a surveillance program specifically for mosques and proposed a policy to put a hold on Muslim immigration, which also implicates the due process and equal protection clauses of the Constitution.
Next, Trump repeatedly boasts of his disdain for the freedom of speech, which he often assails in conjunction with the freedom of the press. For instance, he called for the government to “close up” parts of the Internet. Further, Trump has revoked the press credentials of a number of press organizations that have published articles in criticism of him. He criticized Pamela Geller for her “Draw Muhammad” contest that drew violent reactions from radical Muslims, whose attempts to attack the event were met with armed resistance.
Trump also criticized the French publication Charlie Hebdo for publishing controversial editions featuring a comic in derision of Muhammad; the issuing of this edition prompted violence from radical Muslims, who attacked the magazine’s headquarters and killed a number of staff members. Finally, Trump attacks free press when he offers his plan to “open up libel laws” so that he can punish and sue members of the press who write “negative” articles about him.
Next, the Second Amendment protects the right of Americans to keep and bear arms:
“A well-regulated militia being necessary to the security of a free state, the right to the people to keep and bear arms, shall not be infringed.”
Of course, controversy exists surrounding whether or not this clause applies to the individual, but the Supreme Court held in its decision D.C. v. Heller that the right to bear arms at home for self-defense is indeed an individual right. Nonetheless, Trump has openly asserted his distaste for guns, and he regularly disdained the right to bear arms for several years; this disdain continues.
When Donald Trump ran for president on the Reform Party ticket in 2000, he authored his political manifesto, a document that revealed Trump’s desire to ban assault weapons and institute longer waiting periods to obtain a firearm. Additionally, in an interview with Chris Matthews, Trump openly declared, “I hate the concept of guns.” While he affirmed his tenuous belief that “you have the right to have a gun,” his other statements lend credence to the assertion that he believes in a segmented, controlled Second Amendment.
And Donald Trump’s latest display of constitutional ignorance involves the Second Amendment: Trump, following the mass shooting at an Orlando gay night club, came out in support of preventing individuals placed on a terror watch list from purchasing a firearm. Indeed, this relates to both the Second and Fifth Amendments; a clause in the Fifth Amendment reads, “No person shall be deprived of life, liberty, or property without due process.” This is echoed on a state level in the Fourteenth Amendment. Of course, to be placed on a list that denies individuals of the liberty to own firearms without any recourse or due process seems an obvious violation of these constitutional rights; however, Trump offers little heed.
To date, Donald Trump hasn’t openly opposed the Third Amendment.
On the Fourth Amendment, Donald Trump fails consistently as well.
The Amendment reads, “The right of the people to be secure in their persons, houses, paper, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” As previously mentioned, Donald Trump has proposed increasing surveillance on mosques, which, absent a warrant (as the NSA generally operates), clashes with the Fourth Amendment. In addition, Donald Trump backed bulk collection of phone records without warrant: when asked whether he would support restoring provisions of the PATRIOT Act that authorized such collection, he replied, “As far as I am concerned, that would be fine.” He added in an interview with Hugh Hewitt, “I tend to err on the side of security, I must tell you.”
The Fifth Amendment presents problems with Trump, as well.
It contains five clauses: presentment before a jury; due process; eminent domain; double jeopardy; and witness against the self. As I mentioned earlier, Trump’s recently adopted position on terror watch lists constitutes a violation of due process, but his Fifth Amendment woes do not end there.
As has been widely reported, Donald Trump loves to abuse eminent domain. He attempted to use the power and force of government to force an elderly widow from her home in order to build a parking lot for limousines. He later applauded the Kelo decision by the Supreme Court that authorized the use of eminent domain to transfer land from one private owner to another so long as it furthered “economic development.”
On Amendments Six and Seven, Donald Trump has not yet taken open positions in contravention of them, and the same applies to the Eighth and Ninth.
On the Tenth, however, Trump again runs into issues.
Recently, he was asked which duties are among the most important for the federal government. He replied by listing three, two of which were healthcare and education. Indeed, the principal complaint of conservatives regarding education is that federal education standards operate in violation of the Tenth Amendment because the federal government was not granted by the Constitution the ability to regulate education; thus, according to the Tenth Amendment, the responsibility remains with the states. As a result, Trump’s remarks on the matter should invoke skepticism toward Donald’s knowledge of the federalist division of powers that characterizes the American system.
Trump’s constitutional ignorance transcends the Bill of Rights, though. He consistently praises an executive strongman in contravention of the interplay between the First and Second Articles of the Constitution. When Donald was asked whether or not he would continue to abuse executive orders in order to enact legislation, a congressional function according to the Constitution, he answered, “I won’t refuse it. I’m going to do a lot of things.” Trump also praised Russian authoritarian Vladimir Putin and the response the Chinese instituted during the Tiananmen Square episode during which Chinese students protested their tyrannical government, the result of which was a violent quashing by the Chinese government.
As it stands, the oath to the presidency requires the president-elect to affirm that he will protect and defend the Constitution, but given Trump’s remarks on important constitutional matters, it seems that he is both unfit and unprepared to truthfully make these statements.
http://outsetmagazine.com/2016/06/27/donald-trumps-constitutional-ignorance/