Donald Trump’s first 60 days in power have meant a tsunami of changes in the United States, some more controversial than others. However, the vast majority have been expected. Also Trump’s decision to use the almost 230 -year -old law Alien Enemies Act to deport gang members is something he already announced during the electoral movement.
It was equally expected that a judge would at least temporarily stop such a decision. Alien Enemies ACT is a team of war and the US Congress has not declared war against any nation since 1942.
Uncertainty has consisted of how Trump would relate to the sticks in the wheels that courts would inevitably set for some of the most controversial decisions.
A month ago, a judge stated that the Trump administration did not follow his decision to cancel an expenditure stop for federal authorities. And now Trump is accused of ignoring the judge’s decision on Alien Enemies Act and for having the plan with migrants and alleged gang members continue the journey to El Salvador.
Warns of constitutional crisis
“This judge, like other corrupt judges I was forced to face should be faced with national law!”, Trump replied in social media, which caused the Supreme Court’s chief counsel John Roberts to proclaim in a very unusual statement that requirements for national law is an “inappropriate response” to differences of opinion with the judiciary.
Others go much further and warn of a constitutional crisis where two of the US power branches are on a collision course. It is certainly fair to say that the Trump administration openly challenges the courts’ decisions and power. But the United States is still far from a constitutional crisis.
James Madison, one of the authors of the United States Constitution even saw that the branches of power would challenge each other’s power. “To curb ambition, ambition is required,” he wrote when he explained how the division of power would hold the respective branch, courts, the presidential office and the congress, in check.
For example, courts may judge punishment for someone not following a verdict. And in order for a judge to be sentenced in a national law, 67 votes are required in the Senate – that is, 13 Democrats vote together with all Republicans – something that is unthinkable in this situation.
Trump tests boundaries – and learns to continue with it. But the US constitution is holding – so far.