The US Constitution established a strong federal system and the basic structure of this system, established 250 years ago, is still preserved
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After Donald Trump took office as the President of the United States, the politics of the United States has been shaken. It seems that the basic structures and assumptions made in relation to American federalism, freedom and democracy have been disturbed. People are agitated. A rally is being held with slogans like 'America does not need a king, a dictator is not acceptable'. It was alleged that the practice of authoritarianism began in Trump's first term.
In the book 'How Democracy Die?', he has revealed an important illustration of the demise of democracy in America. The book compares Donald Trump to Alberto Fazimori, Hugo Chávez and Recep Tayyip Adrogan. Trump not only called the media the enemy of the American people, but continued to call them names in vulgar language. He called the opposition enemies of the state. On important components of democracy like courts, police, universities
. After taking office, he issued a series of executive orders that had far-reaching effects on America's domestic and foreign policy. He issued hundreds of executive orders on the first day of assuming office as president.
that shook the pillars of US domestic and foreign policy. From canceling the American Aid Agency (USAID) to bringing Greenland, Panama and even Canada under American control, he made very controversial statements. With the aim of reducing the budget deficit, the important structures that handle the fields of education, health, labor, social security, and environment were canceled or suspended at whim. With his actions, important projects in the fields of health, education, and women's reproductive health have been closed not only in America, but also in countries in Asia and Africa. Nepal has also been affected by this. His actions have been analyzed as challenging the basic assumptions of the American federal system.
Trump is a proponent of liberal immigration policies. He brought a strict immigration policy in his first term. He announced plans to build a wall along the border with his southern neighbor, Mexico, to stop immigrants from entering the United States. In this term, it seems that the anti-immigration policy that was started in the first term is being implemented intensively. Citizens of some countries in the United States are being sent back on charges of illegal immigration. Immigrants' contribution to America's economic growth and innovation feels undervalued by President Trump and his cohorts. Trump issued an order to stop the admission of foreign students to American universities. The world famous Harvard University was more affected by this. But such orders have been struck down by US courts.
During this term of President Trump, many decisions have been made to weaken the basic principles of American federalism. A few days ago, there was a demonstration in the city of Los Angeles, California, against Trump's policy of arresting immigrants and forcibly sending them back. Anti-immigration campaigns have spread rapidly in most major US cities. In Los Angeles, armed police security forces were ordered to suppress the protestors and control the procession. Trump did not consult with the governor of the state of California when giving this order, which was against the provisions of the US Constitution and federalism.
Even if President Trump has ordered the deployment of armed police to protect federal government buildings and government property immigration department employees, this has been denied by Los Angeles police officers. Los Angeles Police Chief Jim MacDonald said that state police structures themselves have the ability to control large riots, demonstrations and protests. According to him, President Trump's mobilization of the National Guard is a direct violation of the rights granted to the states by the US Constitution. The governor of California filed a lawsuit against President Trump's move in the California District Court. The demand of the governor was that the federal armed forces should not be allowed to suppress civil movements and processions. The district court ruled that President Trump's actions were unconstitutional because they were contrary to provisions in the Constitution. This dispute has reached the Supreme Court through the Court of Appeal there.
The US president can mobilize the armed forces under the federal government to take control of the situation if there is an emergency in the country. But in doing so, the consent of the Governor, the executive head of the state, must be obtained. This power was granted to the President by the Suppression of Rebellion Act of 1892. But there is a provision that the President can exercise this right only in serious situations. When the protests against the abolition of slavery in the United States turned into civil wars, then President Abraham Lincoln used the law wisely.
The law made in 1878 during the time of the then US President Rutherford Hayes prohibits the use of the military to maintain peace and stability in the country, except for foreign invasions and armed rebellions. In 2020, the governor of the state of California mobilized 9,000 armed forces to control the uprising against the killing of George Fayed, a black man. At that time, the governor was praised because he cautiously played a role in normalizing the rebellion in a restrained manner.
Similarly, during the Republican Party President George Bush's time, violent riots broke out across the country against the torture and killing of Black Rodney King and the police acquitting the killer. 63 people died in this riot and 9 of them were killed by police firing. Similarly, another big riot was during the time of Lyndon B. Johnson, who played the role of president on behalf of the Democratic Party, in favor of the Voting Rights Act, to ensure voting rights. The National Security Force was mobilized to control it. At that time, the President's order was opposed by the Governor of Alabama, George Wallace.
In federalism, the relationship between the Union and the States is considered to be very complex and confusing. Even in a country with a strong federalism like the United States, this issue has occasionally become an issue of conflict. In the 6 months since the new term of President Trump started, this issue seems to be getting very complicated. Trump has taken steps that undermine the fundamental tenets of American democracy and the Constitution. Hundreds of lawsuits are pending in US courts against multiple decisions that affect birthright citizenship rights and union rights, diversity, equality and inclusion rights.
The US Constitution has organized a strong federal system and the basic structure of this system established 150 years ago has been found to be safe. In fact, the two views clashed when the US Constitution was drafted. Figures such as the first president of the United States, George Washington, constitutionalist Alexander Hamilton and James Madison stood in favor of a strong federal government, while the other side, led by Thomas Jefferson, lobbied for provisions that would ensure the states' autonomy.
The Constitution not only protected the residual rights of the American states, it is arranged that the states will be governed under a separate constitution, subject to the basic principles of the constitution. That is, it appears to reflect a balanced consensus between Jefferson's decentralist approach and Hamilton's centralist approach that led to the writing of the Constitution. But President Trump seems to be attacking both approaches.
–Rizal is affiliated with the Policy Research Institute.
