Constitution

For this year’s State of the Union address, as usual, the president was the center of attention. That’s just where Donald Trump lives, so it’s no wonder that he broke his record for the length of the nationally televised speech. He was the star of his own unreality show, with an audience of tens of millions. In front of him, idolatrous Republican lawmakers popped up and down to applaud like clowns in wind-up music boxes of old.

In fact, a president comes to the Capitol as a guest in Congress’ home, there only by invitation of the speaker of the House. It’s a historical nod to the separation of powers so essential to America’s system of government. But of course Trump acts as though he owns the place. And why not? The Republican majorities in the House and Senate essentially gave him the keys and title, along with much of their constitutional power over spending, federal appointments, war powers and more.

“What a difference a president makes,” a triumphalist Trump imperiously marveled about himself on Tuesday night, after exaggerating or falsely claiming his achievements of the past year.

Got that? Even with a Congress controlled by his party, with its majorities at risk in this midterm election year because of his unpopularity, Trump couldn’t find it within his narcissistic self to share the specious credit. Then again, he does act alone most of the time, and polls show he’s getting blame, not credit, from 6 out of 10 Americans.

For the good of the nation, Congress must take back its powers from Trump and, with them, more of Americans’ attention. No less than Supreme Court Justice Neil M. Gorsuch, a Trump appointee, pleaded as much just days before the State of the Union address.

In concurring with the Court’s 6-3 ruling last week striking down the centerpiece of Trump’s agenda — unilateral tariffs — as a usurpation of Congress’ constitutional taxing power, Gorsuch all but implored lawmakers to restore Congress’ intended role as a co-equal branch of government — and the president to respect it as such. (Spoiler: He won’t.)

Gorsuch’s opinion was a masterclass in why the founders created Congress in the very first article of the Constitution, saving the presidency and the judiciary for the second and third articles. I don’t agree with Gorsuch on much, but his concurrence should be required reading for Trump and for members of Congress who plainly need remedial civics lessons. It’s worth quoting at length; italics are mine.

“Our founders understood that men are not angels, and we disregard that insight at our peril when we allow the few (or the one) to aggrandize their power based on loose or uncertain authority,” Gorsuch wrote.

“Yes, legislating can be hard and take time,” he closed. “And, yes, it can be tempting to bypass Congress when some pressing problem arises. But the deliberative nature of the legislative process was the whole point of its design. Through that process, the Nation can tap the combined wisdom of the people’s elected representatives, not just that of one faction or man. There, deliberation tempers impulse, and compromise hammers disagreements into workable solutions. And because laws must earn such broad support to survive the legislative process, they tend to endure, allowing ordinary people to plan their lives in ways they cannot when the rules shift from day to day. In all, the legislative process helps ensure each of us has a stake in the laws that govern us and in the Nation’s future.”

Do you know what won’t endure? Trump’s policymaking by “impulse” and fiat, by hundreds of executive orders. Indeed, it would be in his interest to work with Congress on laws that will outlive him and stand as his legacy. Yet he wants to be a king, getting quick results on a whim, by the thumbing of a tweet or a Sharpie signature on paper. Legislating requires time, compromise and ultimately sharing credit.

Perhaps that’s why Trump is so intent on erecting edifices of tangible marble and gold in Washington and beyond: Those will endure when his policies don’t. And that’s the legacy he craves — mega-ballrooms, arches, statues, busts and buildings in his name and image.

Gorsuch wasn’t in the House chamber to hear Trump’s address and his slap at the court’s tariff decision. Just four of the nine justices were, including Chief Justice John G. Roberts Jr., who wrote the main opinion, and two other justices who’d joined in opposing Trump’s tariff power grab. The president insisted he’d proceed with unilateral tariffs under separate laws, adding that “congressional action will not be necessary.” Republican lawmakers applauded.

The founders, in the Constitution, required presidents to annually report on the state of the union and to “recommend” to Congress “such Measures as he shall judge necessary and expedient.” Then it’s the president’s job to “take Care that the Laws be faithfully executed.” Yet as usual, Trump outlined little in the way of a legislative agenda.

The president likes to note, as he did in his address, that he’ll preside over this year’s celebrations of the nation’s 250th birthday. But he should know that the nation wasn’t born in a day, on July 4, 1776. The founders squabbled 11 years more over the Constitution, and states took another two years to ratify it.

Yes, democracy has been hard from the start. That’s why Trump’s appeal for some Americans is his action-figure persona — forget norms, laws and the Constitution.

But perhaps if Trump’s poll numbers remain in the tank, even Republicans in Congress will summon the guts to protect the institution’s powers. And if they don’t, that’s all the more reason for voters to turn the keys over to Democrats in November.

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Having triumphed in his first 10 races under jockey Nico de Boinville, Constitution Hill’s falls – including at Aintree and Cheltenham – had left Henderson mulling over his future.

The successful switch to Flat at Southwell last Friday showed his potential.

Starting 6-4 favourite and with five-time champion jockey Oisin Murphy in the saddle, the move paid off as he took to the front well before the line and held firm to win by nine-and-a-half lengths from Square Necker and Gambino.

Henderson said: “He showed on Friday night that he has another career in front of him that could possibly take us all to new playing fields.

“It was a terrific night for both him, us, and I believe British Horse Racing and we are very aware of the public perception and the possible consequences of running over hurdles and feel it is not fair to ask him and Nico to do it again.

“Cheltenham have kindly invited Constitution Hill to parade on Champion Hurdle day to give all his National Hunt supporters the opportunity to say goodbye.”

Under the constitution Italy cannot join the board because power would be wielded by one leader standing above other members, minister says.

Italy says it’s unable to join US President Donald Trump’s “Board of Peace” owing to a “constitutional limit” marking the latest setback faced by the self-styled “international peace building body”.

Foreign Minister Antonio Tajani told the ANSA news agency on Saturday that conflicts between Italy’s constitution and the charter of the Board of Peace were “insurmountable from a legal standpoint”, but his country would always be “available to discuss peace initiatives”.

Italy joins a number of European countries – including France, Germany, and the United Kingdom – that have not joined the controversial board, which was greenlit by the United Nations last year as a transitional governing body for post-war Gaza before expanding its remit in a sweeping charter that made no mention of the war-torn Palestinian enclave.

Italy’s decision comes despite the close relationship between Italian Prime Minister Giorgia Meloni and Board of Peace chairman Trump amid growing concern that the global conflict mediator – launched in Davos, Switzerland last month as the US president made an aggressive play for Greenland – is designed to eclipse the United Nations.

Tajani pointed to Article 11 of the Italian constitution, which precludes the country from joining organisations unless there are “conditions of equality with other states”, which would not be the case under a charter that names Trump as veto-wielding chairman serving as the final authority on its interpretation.

However, speaking after a “very positive” meeting with US Secretary of State Marco Rubio and US Vice President JD Vance on the margins of the Winter Olympics in Milan on Friday, the foreign minister said Italy would be “ready to do our part in Gaza by training the police”.

Tajani’s comments came as the board, which has reportedly demanded members pay $1bn for a permanent seat, leading to criticism it would essentially be a “pay to play” version of the UN, tentatively prepares for its first meeting in Washington, DC, on February 19.

The gathering would come one day after a scheduled meeting between Trump and Israeli Prime Minister Benjamin Netanyahu.

On Saturday, Hungarian Prime Minister Viktor Orban, a key Trump ally, said he would go to Washington for the first meeting of the board “in two weeks”.

Last month, Trump invited some 60 countries to join the board. At the time of reporting, its official website listed 26 countries that have joined, including Gaza mediators Qatar and Egypt.

UN Secretary-General Antonio Guterres slammed Trump’s plans last month, saying “The basic responsibility for international peace and security lies with UN, lies with the Security Council.”

WASHINGTON — President Trump said Monday that the federal government should “nationalize” elections, repeating — without evidence — his long-running claim that U.S. elections are beset by widespread fraud.

Speaking on a podcast hosted by former FBI Deputy Director Dan Bongino, Trump said Republicans should “take over the voting in at least 15 places,” alleging that voting irregularities in what he called “crooked states” are hurting the GOP.

“The Republican ought to nationalize the voting,” Trump said.

The proposal would clash with the Constitution’s long-standing framework that grants states primary authority over election administration, and underscored Trump’s continued efforts to upend voting rules ahead of this year’s midterm elections.

Trump, for example, lamented that Republicans have not been “tougher” on the issue, again asserting without evidence that he lost the 2020 election because undocumented immigrants voted illegally for Democrats.

“If we don’t get them out, Republicans will never win another election,” Trump said. “These people were brought to our country to vote and they vote illegally, and it is amazing that the Republicans are not tougher on it.”

In his remarks, the president suggested that “some interesting things” may come out of Georgia in the near future. Trump did not divulge more details, but was probably teasing what may come after the FBI served a search warrant at the election headquarters of Fulton County, Ga.

Days after FBI agents descended on the election center, the New York Times reported that Director of National Intelligence Tulsi Gabbard was with agents at the scene when she called Trump on her cellphone. Trump thanked them for their work, according to the report, an unusual interaction between the president and investigators tied to a politically sensitive inquiry.

In the days leading up to the Georgia search, Trump suggested in a speech during the World Economic Summit in Davos, Switzerland, that criminal charges were imminent in connection to what he called a “rigged” 2020 election.

Georgia has been central to Trump’s 2020 claims. That’s where Trump called Republican Secretary of State Brad Raffensperger on January 2021, asking him to “find” 11,780 votes to overturn the state’s results. Raffensperger refused, affirming that a series of reviews confirmed that Democrat Joe Biden had won the state.

Since returning to office a year ago, Trump has continued to aggressively pushed changes to election rules.

He signed an executive order in March to require proof of U.S. citizenship on election forms, but months later a federal judge barred the Trump administration from doing so, saying the order violated the separation of powers.

“Because our Constitution assigns responsibility for election regulation to the States and to Congress, this Court holds that the President lacks the authority to direct such changes,” Judge Colleen Kollar-Kotelly of the Federal District Court for the District of Columbia wrote in October.

In Congress, several Republican lawmakers have backed legislation to require people provide proof of citizenship before they register to vote.

Some conservatives are using the elections bill as bargaining chip amid negotiations over a spending package that would end a partial government shutdown that began early Saturday.

“ONLY AMERICAN CITIZENS SHOULD BE VOTING IN AMERICAN ELECTIONS. This is common sense not rocket science,” Rep. Anna Paulina Luna (R-Fla.) wrote on X on Monday as negotiations were continuing.

The arrest of independent journalists Don Lemon and Georgia Fort, in connection with an anti-ICE protest that interrupted a church service in Minnesota, is a test for the American people. Well, some of us. Many of us already didn’t like what we saw happening across the country. Many believed the un-American threats during the campaign and voted against this regime in 2024.

So this is a test for the Americans who — after seeing law enforcement seemingly use a 5-year-old as bait and shoot Renee Good and Alex Pretti to death — still said they’re on board with everything.

The voters who agreed with Donald Trump when he said “they’re bringing drugs, they’re bringing crime” back in 2015, and were OK with him 10 years later, popping up in the Epstein files and pardoning criminals — including a corrupt former Latin American leader who took bribes to let 400 tons of cocaine be smuggled into the U.S.

This isn’t a test for the voters whose biggest concern was the price of groceries or border security. This is a test for the voters who used that rhetoric about groceries and the border as cover for their unsavory feelings about immigrants. The same feelings that greeted other groups — the Jews, the Italians, the Irish — when they first came to this land. The ethnicity may be different, the conspiracy theories may be new, but at the end of the day, it’s the same old predictable story.

So, if you’re the type to cast a ballot just to own the libs, the arrest of journalists is a test for you.

On Jan. 18, protesters — believing one of the pastors at Cities Church in St. Paul was also the acting field director of the local Immigration and Customs Enforcement office — entered the building and disrupted a service. The only reason anyone outside of St. Paul knew any of this is that we have freedom of speech and freedom of the press. Because people like Lemon and Fort had the courage to be there, knowing they had 250 years of American tradition backing up their right to do their jobs. That’s the point of the 1st Amendment.

Remember, if we don’t have journalists like Fort and my friend Lemon — people who are willing to do the work required to document history, or read legislation, or hold elected officials accountable — then you no longer have freedom of the press. You have state-controlled media by way of oligarchy. That may feel good to some factions now, but the problem with “now” is that it never lasts. The Constitution, though, has a real opportunity to stick around. But it needs constant protection.

In the old days, the ultra-rich used to buy local media companies to make money or for prestige in the community. Now it feels as if many owners’ goal is to control and curb journalism. Once the free press is in a cage, free speech has little room to fly. That is the byproduct of this wave of media consolidation, whether the billionaires who are engaged in these acquisitions planned to do that or not.

In addition, historically journalism has been under attack by governments not because it was a threat to society, but because it threatens those who want to control society. The reason most presidents spar with journalists is that they want to control the narrative.

But it appears the current president wants to control reality.

The impulse to rewrite reality is why Trump established Truth Social. It’s why the administration posts AI-generated images and doctored photos.

The sense that the president can create his own truth is why one day, the administration can defend the 2nd Amendment, and the next, suggest that legally carrying a weapon is a fatal mistake. After all, if he is free to trample the 1st Amendment, what’s the problem with kicking the 2nd around whenever he needs to?

Trampling the rights of the people: that is the test — for the rapidly dwindling minority of Americans who still stand behind Trump. He’s experimenting to see if enough of his supporters will accept having their rights taken away so long as the theft appears not to hurt them.

For the many Americans who have never voted for Trump, the arrests of Lemon and Fort are not a total shock. We have seen the “Trump 2028” hats and take this thinly veiled threat against the 22nd Amendment seriously.

But for the Americans who vehemently denounced President Obama for wearing a tan suit, where exactly is “arresting journalists for doing their job” on the threat-to-democracy scale? And why do you think Trump is doing this now?

Nearly a year ago, Atty. Gen. Pam Bondi said she had the Epstein client list on her desk for review. Then the administration waffled and refused to turn over its files. On Friday, it finally did release 3 million pages of documents.

And on Thursday night, knowing that release was imminent, the Justice Department just happened to arrest journalists.

That doesn’t feel like a coincidence.

It doesn’t even feel like politics. It all feels like a test democracy desperately needs America to pass.

YouTube: @LZGrandersonShow