French Friday: What Happened to Checks & Balances?
Jan 31, 2025
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David French, an American attorney and political commentator, discusses the GOP's departure from Constitutional values. He explores the impact of political loyalty on governance, suggesting that personal allegiance has started to overshadow traditional norms. French dives into Carl Schmitt's political theories, examining how they relate to today’s polarizing climate and Trump's influence. He also reflects on the erosion of checks and balances, raising critical questions about the future of American democracy and the moral responsibilities of leaders.
David French critiques the Trump administration's selective enforcement of laws, illustrating a troubling erosion of executive accountability.
The podcast discusses the declining role of Congress in checking presidential power, highlighting a shift towards party loyalty over legislative independence.
Carl Schmitt's concept of a friend-enemy dichotomy in politics reveals ethical dilemmas as loyalty often outweighs adherence to constitutional principles.
Deep dives
Legal Implications of TikTok Ban
The discussion highlights the Trump administration's handling of the TikTok ban, emphasizing confusion over its enforcement. Although Congress passed a law prohibiting American companies from interacting with TikTok, the president chose not to enforce it, resulting in a paradoxical situation where companies complied voluntarily out of fear of legal repercussions. This selective compliance raises concerns about the executive's responsibility to enforce laws enacted by Congress, reflecting a shift in how the law is internally perceived by corporations. The ban is framed as a gradual decline for TikTok, compared to being in hospice, suggesting a slow erosion of its functionality in the U.S. market.
Birthright Citizenship and Executive Power
The conversation shifts to Trump's stance on birthright citizenship, directly challenging the 14th Amendment, which guarantees citizenship to anyone born in the United States. This unilateral approach raises questions about the extent of presidential power, particularly regarding the disregard of existing laws and constitutional principles. Critics argue that this seems to align with a pattern of the president cherry-picking which laws to uphold, further complicating the role of the executive branch. The discussion peels back the layers of legal intricacies, examining what constitutional mechanisms exist to restrain a president from such actions.
Congressional Responsibility and Political Dynamics
The podcast delves into the diminishing role of Congress in holding the executive accountable, particularly within the context of Trump's administration. With Republicans increasingly aligning with Trump's interests, the separation of powers is perceived as eroding, as Congress seems to function merely as an extension of presidential authority instead of a check on it. This phenomenon raises a critical question about constitutional democracy and the safeguarding of legislative independence in the face of overwhelming party loyalty. The historical perspective highlights that the founders intended for Congress to maintain its autonomy as a vital government branch, which appears to be compromised.
Cultural Shifts in American Politics
The dialogue addresses the ethical challenges posed by a shift towards a friend-enemy dichotomy in politics, drawing on the thoughts of German political theorist Carl Schmitt. This concept illustrates how political affiliations can obscure moral judgments, wherein loyalty to a political ally supersedes the virtue of upholding laws. Such a climate encourages a sense of impunity among political figures, as demonstrated by Trump’s ability to manipulate loyalty for political gain while disregarding established norms and laws. The conversation suggests a cultural reckoning is needed within American politics to restore ethical considerations in governance for a healthy democracy.
Future of American Political Leadership
The discussion speculates on the future of American political dynamics, questioning whether Trump might define the next era of leadership. Historical context reveals that enduring political figures often emerge during times of crises, leading to long-term dominance in power. The conversation suggests that leadership must not only address prevailing issues but also encapsulate a moral vision that resonates with the electorate beyond partisanship. Without this, the risk of further political disarray and the erosion of democratic norms remains a pressing concern as leaders grapple with navigating contemporary challenges.
David French brings us his thoughts on why the GOP is no longer the party of the Constitution. Have political party allegiances broken the system? What Constitutional guard rails can operate when people are worried about falling out of the President’s favor? Then, he talks about Carl Schmitt, a German political thinker who may have the key to understanding the difference between the politics we’re used to—and the emerging politics of the New Right.