On July 12, before boarding Marine One on the West Lawn of the White House, Donald Trump gave a surreal (by the standards that rational people understand) press interview. Now, before Trump supporters start crying ‘fake news,’ I invite you to read the full (and I hope accurate) transcript of the interview on the White House web site. Among the many rambling remarks he made, one stood out to me. When a reporter started asking him about Robert Mueller’s upcoming testimony before a House Committee, Trump began with his usual rant, ‘no collusion,’ no obstruction, and despite the question he was asked, just kept harping on that. Then, he started praising his new attorney general, William Barr, who agreed that there was ‘no collusion.’
But then, he said something that floored me. “Also, take a look at one other thing. It’s a thing called Article II. Nobody ever mentions Article II. It gives me all these rights at a level nobody has ever seen before. We don’t even talk about Article II.
The Article II he was referring to is Article II of the U.S. Constitution, which basically outlines the authorities, duties, and responsibilities of the President and, by extension, the Executive Branch of the federal government. One can never be sure what’s on Trump’s mind, but I assumed he was intimating that Article II gives him carte blanche to do whatever he damn well pleases.
Now, I’m no constitutional scholar, but I do have a nodding familiarity with the document that is the supreme law of the land, and from which all other statues follow, and I do know that he’s either read Article II only in part, had it described to him, was given a redacted version to read, or is deliberately ignoring anything in it that doesn’t accord with his unusual view of reality.
Article II begins with, “The executive Power shall be vested in a President of the United States of America,’ and it goes on to say that the President will be elected to a four-year term. Now, that’s a pretty sweeping statement, and if it was all that there is to the article, it would indeed give unimaginable powers to the President. But it is not the only provision. Section 1 also states that, “Congress may by law provide for the Case of Removal, Death, Resignation, Or Inability, both of the President and Vice President, declaring what officer shall then act as President.
Section 2, which deals with some of the many powers the President has, says that he had the power to grant reprieve or pardon, except in Cases of Impeachment. Oops, sounds like a limitation on presidential power to me. And, it’s not the only one. He has the authority to make treaties and appointments of government officials, by and with the Advice and Consent of the Senate. Another limitation.
Section 3 states that he will, from time to time, deliver a report on the State of the Union. No specifics, but it doesn’t give him the authority not to do so, therefore, it is a limitation of sorts.
Section 4, discusses the authority of congress to impeach the President, Vice President, and all civil officers for Treason, Bribery, or other high crimes and Misdemeanors. Uh-oh, there goes those rights at a level nobody has ever seen before. Congress can fire his butt. That is a major limitation on his powers, and I can think of one possible, and one almost certain charge that could be levied. The only thing saving him is that the Republican-led Senate, under the ineffective leadership of Mitch McConnell, is in lock-step with their supreme leader, and have abdicated their constitutional responsibility to exercise oversight of the executive branch.
Ardent Trump supporters will pooh-pooh my analysis of this issue, and accuse me of suffering from Trump Derangement Syndrome. I can deal with that. I wonder, though, can they deal with the inevitable result of hitching their horses to a wagon loaded to the brim with such odiferous nonsense?
We’ll just have to wait and see.