Graphic by Renea Neely Graphic Designer
On Sept. 4, Professor Kevin Navratil presented a lecture about how the Framers of the Constitution would react to our current President as well as recent judicial and legislative actions. Navratil also provided the history behind the Federalist Papers, why they were written, and what was included in the making of the Constitution.
What are the federalist papers
The Federalist Papers are 85 essays written by Alexander Hamilton, James Madison, and John Jay. These essays were published to help convince people, especially in New York, why the Constitution should be ratified. The idea was that the Constitution would help fight tyranny.
Jonah Marshall
Staff Opinions Writer
The importance and argument behind separation of powers
One of the essays written by James Madison emphasized the importance of separation of powers forcing the three to work together to govern, and dependent on each other for fairness in creating new laws. If power was not separated, he argued that citizens would not have liberty, but tyranny.
Checks and balances being violated
The lecture consisted of discussions on just why the framers constructed the separation of powers and checks and balances. Navratil discussed current examples of violations of these ideas as well.
Navratil explained examples of how this principle has been violated.
- Power of the purse violations. The power of the purse is the ability to appropriate funds, which is the job of Congress. President Trump has ignored the power of the purse by freezing $5 billion in foreign aid. During his first term, Trump withheld aid to Ukraine until the Ukrainian President promised to “dig up dirt” on the Biden family. The phone call in which Trump made the request was made public by whistle-blowers, causing Trump to then be impeached by the House but acquitted by the Senate.
- Trump’s firing of Inspectors General without giving Congress approval first, or cause, because he felt they opposed his ‘vision’ for the country.
- Attempted elimination of the Department of Education by President Trump. Again, Congress creates various departments, and therefore has the power to dismantle them.
Presidential powers being overstepped
Another category that Navratil went into was Presidential overreach and recent examples of that.
- The creation of The Department of Government Efficiency which was being overseen by Elon Musk. Congress is the branch with the power to make and dismantle Government departments as well as approve appointments of Cabinet Secretaries and fire the leaders. President Trump making a completely new department violated this power of Congress.
- Deploying the National Guard without the approval of Governors under the guise of “reducing crime”.
- Attempts to eliminate birth-right citizenship.
- Supreme Court decision: Giving Presidents broad immunity for crimes committed during official duties/acts, and Trump stating that as a result of the decision, he can do whatever he wants. HIs statement directly opposes the original intent of the Constitution.
Prof. Navratil then went onto explain that in cases such as the Supreme Court immunity decision to hand immunity over to the President would anger the Framers. This is because a primary point behind the Federalist Papers and the Constitution was to not uphold a tyrannical government. Unfortunately, this decision opposes the idea that the US should not have power concentrated in a single person.
Takeaway
This lecture was designed to educate people on the history of the Constitution. Navratil stated that principles of the Constitution are being violated. He gave examples of free press in the First Amendment – removing the AP from the White House briefing room because AP refused to call the Gulf of Mexico using Trump’s preferred designation. There was also the removal of due process for those deported by Immigration and Customs Enforcement (ICE) and Homeland Security guaranteed by the Fifth Amendment. The lecture explained the thinking of the Founders and Framers when writing the Federalist Papers and the Constitution and how they would react in today’s current events on how key components such as checks and balances and separation of powers are being violated.
Constitution day is celebrated every year on September 17. Navratil’s discussion is more pertinent than ever with the question: Is our Constitution still being followed and honored?
Image from Free Constitution Day clip art
*It is important to note that this lecture is not designed to go after anyone in particular but designed to talk about current events and current explanations.*
