Former two-term Madison mayor Dave Cieslewicz, author of the book “Light Blue,” writes the best political column in Wisconsin. Here is latest blog:
Curb Presidential Powers
As the world economy crashes because of the grudges and whims of one very dumb and very unstable man, it’s time to ask ourselves if we’ve invested too much power in the presidency.
The answer is yes, we have.
Here are four examples of how that is playing out in awful ways.
The president apparently does have power to increase tariffs willy-nilly. Trump’s actions have prompted introduction of a bipartisan bill in Congress that would trim those powers. “We gave some of that power to the executive branch. I think in hindsight that was a mistake,” said Republican Rep. Don Bacon of Nebraska. Even the Wall Street Journal recently wrote that, “Someone should sue to stop (Trump’s) abuse of power.” That would imply that he’s already exceeded his authority. We’ll see, but Bacon’s bill should be enacted to make it clear that any president cannot ruin the economy just because he feels like it.

The president’s powers to impose mass deportations are murky. Trump’s deportation of hundreds of people to a notorious Salvadoran prison without any due process or even an attempt to show that they were all in the country illegally has been challenged in court. Last week a judge ordered the administration to return Kilmar Abrego Garcia to the United States. Garcia was in the country legally and had no criminal record. The administration’s allegations that he was a member of the street gang MS-13 came with no evidence. And when a Justice Department attorney admitted as much, that attorney was suspended for being honest. Then the administration argued that they couldn’t rescue Garcia from the Salvadron prison because he was no longer under their jurisdiction. But let’s say everyone else who was sent to that prison was, in fact, in the U.S. illegally, did the president have the power to round them up without due process and then send them to a foreign prison, even if that prison was humane? Let’s make sure no president has that authority.
The president may have authority to gut Federal agencies so long as he keeps at least one light on. That also is being challenged by multiple lawsuits, but Congress should make it clear that any president can’t do this. Federal agencies and programs are created by Congress. To gut them and leave them unable to do the things Congress has created them to do is clearly a usurpation of Congress’ authority. Unfortunately, in this case Congressional Republicans have decided to hand over their powers to Trump. But if Trump wanted to, for example, eliminate the Department of Education, he should submit a bill or a budget to that effect and let Congress approve it. We need legislation that makes it clear that an executive cannot eliminate an agency in all but name.
The president apparently has some authority to forgive debt. Joe Biden pressed the limits of this in his various student loan forgiveness schemes. His biggest plan was shot down by the Supreme Court, but he managed to use back door methods to give away $190 billion in taxpayer money to borrowers without approval from Congress. Does Congress control the purse strings or not? The issue here is how much a president can spend without getting that Congressional approval.
The Founders created a relatively weak executive and for good reason. Wars and economic crisis’ moved Congress over the years to hand over more and more power to that office. Some of that made sense, but now Donald Trump is demonstrating just how dangerous too much power in the hands of one man can be. It’s time to restore checks and balances. It’s time to rein in the president, no matter who that is.




