Thursday, July 23, 2020

Abolish Trump or Homeland Security? Why not both?

Juliette Kayyem argues that, in Portland, Homeland Security isn't the problem -- it's Trump:
Seemingly desperate to goad Democrats into a fight over law and order, the White House has deployed federal law-enforcement agents from the Department of Homeland Security to Portland, Oregon, ostensibly to protect statues on federal property from vandals. Agents from Customs and Border Protection and other branches of DHS are wearing military fatigues, snatching demonstrators from the streets, and even attacking protesters who by all accounts are peaceful. The Constitution did not contemplate the mobilization of federal assets to fight a war on graffiti. Never having requested the president’s help, local and state politicians in Portland are outraged. Yesterday afternoon, Trump announced an expansion of the program to a number of other cities to “help drive down violent crime.”

These events offer a reminder of how much discretionary power every American president exercises—and why voters shouldn’t give the job to someone whose instincts are fundamentally authoritarian.

The only thing that needs to be abolished is the Trump administration. When the president is bent on using executive power for purely political ends, the specifics of the executive-branch organizational chart do not matter.
She's right on one point: A president bent on abusing his power is going to abuse his power. Trump couldn't use the military, ultimately, to achieve these ends -- so he turned to DHS instead.

But she's also wrong.

The framers of the Constitution got a lot of things wrong, IMHO -- we don't need the Senate -- but they did embrace an underlying thought process that was smart: One way to prevent a president from abusing his powers is to limit the tools he has for abuse.

With respect to Kayyem's (I'm sure) honorable service, the Department of Homeland Security was always particularly ripe for abuse by an authoritarian-minded president, from its name on down. I pointed out this week how one DHS agency, Customs and Border Patrol, is pretty much rogue to begin with, and offered some possible solutions.


The underlying idea is to limit the agency, both in terms of manpower and authority. "Trump and his cronies would surely look for other ways to crack down on protesters," I wrote. "He will abuse any power he has, and claim powers the Constitution doesn't actually grant him. Congress, however, doesn't need to make it easy for him."


So, yes, abolish Trump. But let's also make it harder for any would-be Trumps -- Tucker Carlson, say, or Tom Cotton -- to follow in his footsteps and do even more damage. Abolish Trump and the DHS.

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