海角大神

Donald Trump, meet the Founding Fathers

On one level, it seems individuals are thwarting the president's legislative agenda. But seen more broadly, it's America鈥檚 system of governance that the president is running up against.

President Trump attends an event at the White House in Washington on Aug. 3. The president's achievements in his early months in office have been thwarted by a contentious relationship with Congress.

Joshua Roberts/Reuters

August 4, 2017

America鈥檚 senators scattered to the winds for their summer recess on Thursday, leaving behind a big unfinished agenda and a peeved president.

The chief executive has lambasted lawmakers for failing to repeal and replace the Affordable Care Act, for their聽investigations into Russia and his campaign,聽for their arcane voting rules, and for passing sanctions legislation against Russia.

He took a parting shot in a tweet Thursday morning, saying 鈥淵ou can thank Congress鈥 for a US-Russia relationship that is at an 鈥渁ll-time & very dangerous low.鈥

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President Trump may think his problem is with members of Congress and the way they run things. In one sense, the decisions and behaviors of individuals in Washington 鈥 not least, himself 鈥 account for his threadbare legislative accomplishments, despite Republican control of both ends of Pennsylvania Avenue.

But in the broadest sense, the resistance he's encountering聽is due to聽America鈥檚 system of governance. The story of his early presidency might easily be called 鈥淒onald Trump meets the Founding Fathers,鈥 as a beginner politician runs up against聽the checks and balances that are designed to prevent tyranny and forge consensus.

Trump and his team are聽鈥渟urprised at the intransigence and resistance they鈥檙e meeting, when in fact, every other president has met them,鈥 says Don Ritchie, former Senate historian. This outsider White House 鈥渄idn鈥檛 anticipate these things because they hadn鈥檛 experienced these things,鈥 as former governors or legislators, like other presidents and senior White House officials.

During the honeymoon phase of a new administration, presidents can make significant headway. Barack Obama and George W. Bush scored some major legislative wins,聽when their parties, too, controlled both the House and Senate.

By the first August recess, a Democratic Congress had passed President Obama鈥檚 big economic stimulus package, confirmed a Supreme Court justice, and was deep into the policy weeds of health care, which would become law early the next year. In his first year, President Bush got a $1.35 trillion tax cut and聽Congress passed landmark education reform with bipartisan support.

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But Trump's marriage with the GOP has been rocky from the start.

He has been able to appoint a Supreme Court justice 鈥 a biggie 鈥 and roll back 14 Obama-era regulations, which Republicans say has helped to fuel the stock market to a record high. Still repeal-and-replace failed, the president鈥檚 budget is being strongly resisted by his own party, the border wall is a disputed budget line, tax reform is a set of talking points, and Democrats have panned his infrastructure plan.

Resistance from Congress is common

It鈥檚 not uncommon for presidents to meet resistance in Congress even when their party is in control. Democrats Franklin D. Roosevelt, Harry Truman, John Kennedy, and Jimmy Carter all faced pushback, even though they had Democratic majorities.

Party members rebelled against FDR鈥檚 attempt to pack the Supreme Court. They spurned Truman on his domestic agenda, though they agreed with him on key foreign policy issues. President Carter was too conservative for many Democrats 鈥 witness Massachusetts Sen. Edward Kennedy鈥檚 decision to challenge him in the 1980 primary.

The common notion is that it鈥檚 presidents versus the opposition party in Congress, 鈥渂ut it鈥檚 really presidents versus Congress as an institution,鈥 says Mr. Ritchie, the former Senate historian, recalling President Kennedy鈥檚 observation that he didn鈥檛 realize how powerful Congress was until he was no longer just one of its 535聽members.

Trump saw that in a very tangible way when Sen. John McCain (R) of Arizona became the unexpected聽third Republican to vote down, and thus kill, the Republican effort to pass a 鈥渟kinny鈥 repeal of the Affordable Care Act in the wee hours of July 28. Senator McCain also strongly supported punishing sanctions against Russia for attempting to influence US elections last year and for its military actions overseas 鈥 as did most members of Congress.

鈥淲e are an important check on the powers of the executive,鈥 Senator McCain said in a聽speech before the full Senate earlier聽last week. 鈥淲hether or not we are of the same party, we are not the president鈥檚 subordinates, we are his equal,鈥 the senator emphasized, as he urged a return to the 鈥渞egular order鈥 of hearings and the painstaking business of consensus-building between the parties.

Learning curve with the judicial branch, too

That flexing of congressional muscle by Republicans 鈥 even against their own president 鈥 was on display again this week as two Senate bipartisan bills were introduced to protect against a possible firing of independent counsel Robert Mueller by the president. Trump calls the investigation by the counsel into possible collusion between members of his campaign and Russia a 鈥渨itch hunt.鈥

Firing the independent counsel would create a constitutional crisis by undermining the rule of law, lawmakers of both parties say.

Republicans and Democrats have circled the wagons around Mr. Mueller and around the embattled attorney general, former Sen. Jeff Sessions (R) of Alabama. Senator Sessions has been one of the president鈥檚 most loyal supporters, now scorned by Trump for having recused himself from the Russia investigation.

Early on in his administration, Trump complained bitterly about the judicial branch. He chastised judges and lower-court rulings that went against his immigration travel ban, though he exulted when the Supreme Court partially upheld the ban in June.

As Ritchie points out, while just about everything in this young presidency is unprecedented, the pushback from the legislative and judicial branches is not.

鈥淚 can鈥檛 name a single president who has not been frustrated by the courts at some time,鈥 he says, pointing out that it is usually only after a crisis 鈥 the Great Depression, Pearl Harbor, 9/11 鈥 that the legislative, judicial, and executive branches all come together.

Opportunities for civics lessons

While the resistance聽from the other parts of government might frustrate the president, many Americans have a newfound appreciation for it.

鈥淭hank God we have three branches of government,鈥 said Stephen Benjamin, the Democratic mayor of Columbia, S.C., at a Monitor breakfast on Wednesday. Mr. Benjamin was part of a delegation from the nonpartisan US Conference of Mayors, which visited Washington this week to meet with legislators about the president鈥檚 proposed budget cuts, among other things.

鈥淚t鈥檚 great to have strong leadership and outspoken leadership in the White House,鈥 said John Giles, the Republican mayor of Mesa, Ariz., in an interview after the breakfast. But he also hearkened back approvingly to McCain鈥檚 speech of last week.

鈥淪enator McCain gave us a great civics lesson 鈥 that the Senate and the Congress is not subservient to the president. They are the president鈥檚 equal.鈥