Crucial U.S. institutions, while formally existing, have effectively ceased to function as checks on executive power. Congress has ceded its constitutional authority to tax and spend, and the Justice Department's independence from the White House has disintegrated, rendering them functionally inert.
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The perception of the DOJ as a political tool is no longer a one-sided complaint. Republicans cite prosecutions of figures like Steve Bannon, while Democrats point to Trump's direct influence on indictments. This shared belief from both sides of the aisle is causing a complete erosion of the institution's credibility as an independent body.
A bureaucracy can function like a tumor. It disguises itself from the "immune system" of public accountability by using noble language ("it's for the kids"). It then redirects resources (funding) to ensure its own growth, even if it's harming the larger organism of society.
The Trump administration's strategy for control isn't writing new authoritarian laws, but aggressively using latent executive authority that past administrations ignored. This demonstrates how a democracy's own structures can be turned against it without passing a single new piece of legislation, as seen with the FCC.
Cheering for a president to use executive orders or emergency powers is short-sighted. The opposition will eventually gain power and use those same expanded authorities for policies you oppose, creating a cycle of escalating executive action.
The Supreme Court is systematically dismantling laws that protect heads of independent agencies (like the CFPB and FTC) from being fired at will. This aligns with the "unitary executive theory," concentrating power in the presidency and eroding the apolitical nature of regulatory bodies.
When Congress fails to act on a major crisis, executive agencies may stretch their existing legal authorities to address the problem (e.g., the COVID eviction moratorium). This often leads to legal challenges and accusations of overreach that stem from legislative paralysis.
Beyond headline-grabbing scandals, the most insidious impact of a kleptocratic administration is its refusal to enforce existing laws, from financial regulations to anti-corruption acts. This quiet dismantling of the legal framework fosters a culture of impunity where bad actors thrive, ultimately harming ordinary people and destabilizing the entire system.
The current level of hyper-partisanship is not a recent phenomenon but the culmination of a continuous, 40-year decline in public trust across all major institutions, including government, media, and church. Trust was significantly higher even during past national traumas like the assassinations of the 1960s and Watergate.
The perception of national decline in the US is not limited to one political side. Polling indicates that both left and right-leaning citizens believe the country's constitutional order and institutions are breaking down. The key difference is that each side is simply happy when their faction is temporarily "winning" the process of collapse.
Senator Elizabeth Warren argues that the separation of powers is not self-enforcing; it depends on each branch jealously guarding its own authority. A constitutional crisis arises when Congress becomes compliant and allows the executive branch to usurp its powers.
