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The Supreme Court has wavered between two approaches to questions of executive power, which are often labeled institutional formalism and realism. Formalism treats an institution like the presidency as a “black box” to which the Constitution assigns certain powers. In Trump v.
A more direct affront to the rule of law is hard to imagine: About a month ago, federal agents secretly loaded three planes with passengers and spirited them away to a notoriously brutal prison in El Salvador. The operation was carried out quickly enough to prevent the passengers—now prisoners—from invoking their right, under the Constitution’s due-process clause, to challenge the legal basis for their removal from the country.
After the election, I hoped that I had been wrong about Donald Trump. But I wasn’t. As a Christian, I’m appalled by Trump’s total lack of morality or conscience, his insatiable greed, and his evident disdain for families — especially poor families, immigrant families, LGBTQ families, and families of color. His scorn for them is clear to anyone who has eyes that see and ears that hear.
Donald Trump has not even returned to office, and already a constitutional crisis may be in the making. Trump has started announcing the people he intends to nominate for positions in his new administration. That is his prerogative. Several senators have criticized some of Trump’s choices. That is their prerogative (and two Trump nominees have already withdrawn under pressure).
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