Russell Vought’s "Radical Constitutionalism": A Recipe for Constitutional Crisis
Russell Vought, the mastermind behind Donald Trump’s executive order blitz, has a profound belief in expanding presidential power. His blueprint for the Trump administration is rooted in a theory known as "radical constitutionalism," which asserts the need for a sweeping assertion of executive authority to retake control from unelected bureaucrats.
The Alleged "Post-Constitutional" Moment
Vought’s essay in the American Mind declares that the United States has transitioned into a "post-constitutional" era, where the Constitution’s provisions have been rendered moot by the machinations of liberals. He maintains that through judicial reinterpretation, delegation of power to independent executive agencies, and the infiltration of the civil service by liberal activists, the presidency has become a mere ceremonial office.
The Remedy: "Radical Constitutionalism"
Vought’s solution to this perceived deficit in presidential power is "radical constitutionalism." This approach involves two key elements:
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A Novel Separation of Powers: Vought believes that each branch of government should wield enough power to deter other branches from encroaching on their authority. He views the Supreme Court’s reluctance to order President Jefferson to take action in Marbury v. Madison as a testament to the importance of presidential boldness, even if it risks constitutional conflict.
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Disregard for Precedent: Vought argues that the right should abandon the constraints of precedent and instead focus on the original meaning and logic of the Constitution. He proposes that governors should be able to deport undocumented migrants independently, even though the Supreme Court has rejected this argument, because he believes states have a right to self-defense in the face of "invasion."
Trump’s Adherence to Vought’s Blueprint
Vought’s logic has clearly influenced the Trump administration’s actions:
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Unlawful Attempts to Abolish Birthright Citizenship: Vought’s essay suggests that the president has the authority to unilaterally eliminate birthright citizenship, despite its constitutional protection.
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Impoundment of Agency Funding: Trump has unlawfully withheld billions of dollars in agency funding, a tactic that Vought argues is necessary to assert presidential control.
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Threatening to Ignore Supreme Court Rulings: Vought believes that the president should not hesitate to threaten noncompliance with Supreme Court rulings, as it demonstrates presidential strength and defends the separation of powers.
A Recipe for Constitutional Crisis
Vought’s "radical constitutionalism" amounts to a recipe for constitutional crisis. His belief that the Constitution is no longer in effect and that the president has the authority to unilaterally assert power, even in defiance of the courts, is a dangerous and unprecedented doctrine.
By following Vought’s blueprint, the Trump administration is eroding the separation of powers, undermining the rule of law, and threatening the foundations of American democracy. It is imperative that all branches of government, along with the American people, recognize the gravity of this assault on the Constitution and take action to defend its principles.
