DOGE - Creating A Constitutional Crisis, Or Reversing An Existing One?
A Controversial Constitutional Argument Is Presented
I support and applaud Trump’s newly-created Department of Government Efficiency (DOGE), as well as commend him choosing Elon Musk to head this agency.
The DOGE mission is simple and imperative: to root out and eliminate corruption, fraud and waste from the federal government. Accomplishing this mission is vital to the health, prosperity and security of America. And Musk is the perfect man to lead this mission and agency.
75-80% of Americans agree with eliminating fraud and waste from government. Even the majority of people who didn’t vote for Trump agree this is needed. This is a commonsense goal that all honest people can agree with.
DOGE and Musk have stirred up an enormous hornets nest, uncovering hundreds of billions of dollar in fraud and waste so far - with far more corruption yet to be exposed.
This exposure has generated explosions of protests, accusations, threats and opposition to DOGE and its mission.
U.S. Government Corrupted and Subverted
Government corruption is the single greatest threat to America, far more dangerous than any external nation or organization or individual.
Since the early 1900s, successive United States governments have become more and more corrupted and subverted by special interests and global oligarchs. This subversion-by-corruption has been a gradual but steady process - so gradual that most Americans didn’t notice.
The U.S. government today is a thoroughly corrupted, ravenous, even fascist behemoth steamrolling over the Constitution, Bill of Rights freedoms and protections, and American citizens.
Compare the Constitution and Bill of Rights with how the government actually operates today; there is no resemblance, the U.S. government has pretty much dismissed the Constitution and tramples on citizens’ Bill of Rights protections.
Corruption is the main reason the U.S. government doesn’t govern according to the Constitution.
I’m an American citizen, and a lifelong student of history, philosophy, government and human nature.
I consider the Declaration of Independence, U.S. Constitution and U.S. Bill of Rights the greatest documents in recorded history related to governance. I’ve studied these for many years, to include the founding fathers’ intentions and philosophy behind these documents.
I’m a constitutionalist - meaning the United States is strongest, most prosperous and most free when the Constitution - and the founding fathers’ intentions for the Constitution - are strictly adhered to and followed by federal and state governments.
I do believe in amendments to the Constitution - so long as they don’t alter, violate or negate the nature and fundamental principles of the Constitution. As examples: The Bill of Rights amendments are valid. All amendments that call for equal voting and human rights regardless of race, sex, religion, etc. are valid. These don’t alter or negate the Constitution; in fact, such amendments enhance the purpose and spirit of the Constitution.
Any amendment that directly violates the Constitution, or attempts to change or eliminate its fundamental nature and principles, is inherently unconstitutional and must not be allowed.
(Some people think any amendment can be added as long at it is properly ratified - even if that amendment violates the Constitution. I disagree, vehemently. Carrying that rationale and thinking to its irrational ultimate end, an amendment could be ratified that states “the entire Constitution and Bill of Rights are hereby nulled, voided and cancelled, and the United States is no longer governed by them.” Obviously, this is ludicrous, but any amendment that alters, negates or violates the Constitution cannot be allowed, as each one of these chips away the power and essential rightness of the Constitution.)
Corruption, fraud and waste have not only subverted the government to operate against the Constitution and Bill of Rights, but are also causing enormous economic upheavals, uncertainties and problems. Government corruption, fraud and waste are even contributing to weakening the cultural and societal fabric of America.
Hence my total support for DOGE and its mission.
Opposition to DOGE and Its Mission
There has been a lot of horror, wild animal snarling and howling, and rabid foaming-at-the-mouth outrage toward Musk and DOGE the past month.
ALL of this outrage, noise and opposition come from those politicians and government officials who have been engaging in corruption and fraud. They are panicking like cornered wild animals at the thought of their crimes and corruption being exposed.
And, they don’t want to see their corrupt gravy train ended.
So they spew lies and gaslighting propaganda to falsely discredit Musk and DOGE.
Most of these corrupt perpetrators are Democrats, with several RINOs (Republicans In Name Only) also part of the corruption. That’s why the vast majority of opposition to DOGE is coming from Democrats. (I’m an Independent, always have been since the age of 18, so I don’t favor one party over the other. I simply present the facts.)
As a result of the horror and outrage at having government corruption and waste exposed, there have been a dozen or more court orders issued by judges blocking, freezing or disallowing Trump and DOGE actions to clean up corruption, waste, fraud and insanity in government.
As a constitutionalist, I present the argument that every court order blocking the DOGE mission and its activities is unconstitutional, and therefore invalid and must be ignored.
This is a very controversial statement and position - especially for a self-described constitutionalist. Here is my (constitutional) reasoning:
1) The Constitution is crystal clear in its separation of powers, defining the duties and responsibilities of the three branches of government.
2) The president is in charge of the executive branch. He and his assigned administration members have the constitutional right and duty to (1) set executive branch policy and (2) manage all executive branch agencies as best as possible - so long as they don’t violate the Constitution.
3) Judges issuing orders to block DOGE actions WITHIN THE EXECUTIVE BRANCH are in violation of the Constitution. They are improperly interfering with and trying to prevent the executive branch from carrying out its own duties and responsibilities as assigned by the Constitution.
4) These unconstitutional orders are intended only to neutralize and paralyze the Trump administration, and prevent him from carrying out his constitutional authority - under the false pretense of “legitimate judicial review.”
5) The Constitution (and founding fathers) never intended to allow the judiciary branch to unlawfully interfere with the executive branch from carrying out its constitutional duties, using political and lawfare tactics as weapons while falsely disguised as “judicial review.”
6) These DOGE-related court orders are obvious stall tactics to prevent more government corruption and fraud from being exposed. The corrupt perpetrators are terrified of being exposed and having their fraudulent gravy trains stop.
7) The Democrat party leaders ordered their judges to issue these bogus “orders” to derail the Trump administration. Again, this violates the purpose of the judicial branch as defined by our Constitution - as well as negating the will of the citizens (75-80% of Americans want to eliminate corruption and waste in government).
8) Using the judiciary to unconstitutionally prevent the executive branch from carrying out its constitutional duties, and then falsely calling that illegal use of the judiciary "constitutional judicial review,” is hamster-wheel circular and false logic designed ONLY to keep fraud and corruption in place.
Compliance with unconstitutional court orders is un-American, and serves only to keep government fraud and corruption in place. The Rule of Law has been twisted and perverted by these unconstitutional court orders illegally blocking the Executive Branch from doing its job that 75-80% of Americans want done - while the perpetrators behind these unconstitutional court orders demand that their perverted “Rule of Law be followed!” More circular and dishonest “logic.”
This is not the intention of the Constitution's checks-and-balances systems nor its stated duties of the judiciary.
Many Americans say "we should comply with those court orders and do it right by going through the appeals process all the way to the Supreme Court.”
This is cowardly submission to unconstitutional court orders. This is allowing unconstitutional stalling actions to get away with keeping corruption and fraud going in the months or year it takes to get to SCOTUS - and which protects corrupt criminals in government in the meantime.
The founding fathers would NEVER comply with unconstitutional, invalid court orders while trying the restore the nation back onto its constitutional track - as the Trump administration is doing today.
Therefore, Trump and Musk should ignore all these invalid court orders and continue doing what they're doing.
Jefferson is one the wisest, most astute and amazingly brilliant statesmen in earth’s entire history.
He recognized that the judiciary branch had deviated from its purpose and limits defined in the Constitution and became an illegitimate entity.
His observations support my belief that all unconstitutional court orders attempting to restrict and block DOGE and Trump MUST be ignored:
“Nothing in the Constitution has given them [the federal judges] a right to decide for the Executive, more than to the Executive to decide for them. . . . The opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves, in their own sphere of action, but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch.” - Sept. 11, 1804
“You seem to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps. . . Their power [is] the more dangerous as they are in office for life, and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves.” - Sept. 28, 1820
“The germ of dissolution of our federal government is in the constitution of the federal Judiciary; an irresponsible body working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped.” - Aug. 18, 1821
“At the establishment of our constitutions, the judiciary bodies were supposed to be the most helpless and harmless members of the government. Experience, however, soon showed in what way they were to become the most dangerous; that the insufficiency of the means provided for their removal gave them a freehold and irresponsibility in office; that their decisions, seeming to concern individual suitors only, pass silent and unheeded by the public at large; that these decisions, nevertheless, become law by precedent, sapping, by little and little, the foundations of the constitution, and working its change by construction, before any one has perceived that that invisible and helpless worm has been busily employed in consuming its substance. In truth, man is not made to be trusted for life if secured against all liability to account.” - Oct. 31, 1823
Great post, many people in the UK envy the USA with the actions being taken on corruption and fraud in government 🇬🇧🇺🇸
If today, you dishonor the court orders albeit for right reasons in your view, tomorrow, the other side can do the same for their "right" reasons at which time you won't be able to question them. It may lead to anarchy & probably a greater danger. While taking any decision, we must always keep posterity in mind - not guided by only the current needs. What the Govt can do instead is that they can request for consolidation of all such case by the Supreme Court & insist that they be heard as one issue quickly for a prompt decision. Alternatively, or even in addition to that, they may also look into the core issue of other side's contentions on 'conflicts of interests' & make changes as required without diluting the purpose or veracity of the exercise to clean up the whole apparatus. Musk can stand aside, may be JD Vance can head it & drive. He will have the political authority as well. When the goal is important, it doesn't matter who does it. Musk can still be there behind providing critical inputs necessary for speeding up the exercise.