Trump's 'Big Beautiful Bill' ends the chance of a President being held in contempt of US courts, and that means US democracy is over. What happens next?
This is the audio version:
This is the transcript:
Is Donald Trump about to kill democracy in the USA? It's a question that has to be asked because Trump's One Big Beautiful Bill Act, which is his budget bill, which right now is in front of the House of Representatives in the US Congress, does include a clause which could literally destroy US democracy.
Now that's illogical, of course. A budget bill should not include a provision that kills democracy. But this one does, because Trump is in a hurry to get laws passed that give him ultimate power in the USA. And that's what he's doing with this budget clause, and it's so important that I am going to read it. It says:
"No court of the United States may use appropriated funds to enforce a contempt citation for failure to comply with an injunction or temporary restraining order if no security was given when the injunction or order was issued".
Now that sounds a bit like gobbledygook, and in a very real sense, it is. But what it really means is this: no federal court in the USA may enforce a contempt action, and that's because they would need to use federal funds to do that, and they're being denied the right to use funds for that purpose.
And what that means is that if a court ruled that what Donald Trump is doing is illegal, and he then ignores them, which he has been doing, there will, in the future, be nothing at all that the court can do to enforce its ruling because it won't have access to the funds to do anything about what Trump is up to.
It follows then, quite simply, and quite straightforwardly, that if this piece of legislation, which looks like a budget provision, but which is actually driving a stake through the heart of US democracy, is going to give Trump exactly what he wants.
This innocuous-looking clause puts him above the rule of law in the USA.
It effectively makes him King Donald.
This is the end of the arrangements of constitutional balance that were meant to prevent abuse within the administration of US government.
This is, in fact, the end of constitutional law, because this is not constitutional, but Congress plans to pass it.
. And in that case, this means the end of democracy in the USA as it has been known, imperfect as it has been.
Trump can, if this law is passed, pursue who he wants, break any law that he wants, imprison anyone he wants, expel anyone he wants, and there will be nothing a court can do to stop him because even if they rule that what he does is unlawful, he can ignore them, knowing that they will have no power to actually enforce their decision.
As Robert Reich, the noted commentator on US current affairs, has put it, "With this single provision, Trump will have crowned himself king. No Congress and no court could stop him. Even if a future Congress were to try to stop him, it could not do so without the power of the courts to enforce their hearings, investigations, subpoenas and laws."
So, in other words, this doesn't only stop the courts from interfering with what Trump wants to do. It actually completely neuters Congress as well.
So what then if the midterm elections reject Trump? He can ignore what Congress says. This law will let him do that.
So what if he suspends elections, in fact, and the courts object? He can do that because there is nothing that the courts could do to enforce their decision if he decided to ignore them.
So what too, if he jails the judges who might still challenge him, even if they know that their orders can't be enforced, even if they just did this to represent the fact that there was something wrong? He can effectively suspend habeas corpus with regard to them, their right to be held without trial, and jail them. And there is nothing in that case that any court could do to stop him doing so.
It's 810 years since 1215. In that year, King John of England was forced by his barons to sign the Magna Carta. That absolutely pivotal document in the history of the development of democracy and constitutional government, limited royal prerogative, and made some rights inalienable.
In particular, there was a requirement that the rule of law be upheld.
Everyone, including the king, was declared to be subject to the rule of law.
The limitations on the arbitrary power of the monarch that were introduced were groundbreaking.
There were also protections of rights and liberties granted to people, albeit nobles, not ordinary people back then, but of course, this has extended over the centuries that have followed.
Certain basic legal rights were granted, and there was protection from illegal imprisonment. In other words, Habeas Corpus was put into place in England, as it has been in the USA ever since the Constitution was enacted.
And a right to a free trial was granted.
In addition, there was a provision that there would be no taxation without representation, but this new action by Trump challenges that.
And above all else, there was to be a Council of Barons, the first outline of a parliament to hold a king to account.
In other words, Magna Carta, 810 years ago, was the foundation for constitutional government. And ever since then, it has been seen as a symbol of liberty. It's effectively endorsed inside English law that we now have, the US Constitution and the UN Human Rights Principles. That's how influential it was.
But remember, it was the barons who brought the king to account in England 810 years ago, and now it's the Tech Bros who have given the USA King Donald, and a pathway to fascism without the interference of democracy, which is now looking likely to happen in the USA.
It took centuries for Magna Carta to be embedded.
It's going to take four months for democracy to be unravelled in the USA, and the USA is going to take an almighty long time to get over this, if it ever does.
So, what is there to say in conclusion?
You can forget everything that was said in Magna Carta in the USA; that's history; that's gone, and so has the Constitution.
So have all the protections that you ever thought you had in that country.
So has habeas corpus.
So in fact, has every right that everybody had because you now will have a supreme monarch, able to do whatever he wishes.
Good luck with that, I say.
It's your job to work out how to live under fascism now, but no one has ever succeeded with that, and nor will you.
And so this is the most intensely dangerous situation, and it's going to end in tears.
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“Trump can, if this law is passed “……………walk down a street in New York and murder somebody and …..nothing would happen.
People laughed at Hitler – that worked out badly. People laughed at Man-baby when he observed doing just that – in New york …… “oh its man-baby having a laugh”
I would not be surprised if he did it. 357 Colt Python & blow somebody’s head off. There, done. Who’s next?
Or… he gets others to do it. Face doesn’t fit? – bang gone. Then the reaction. Civil war (no shortage of guns in the USA).
Meanwhile Starmer remains in Man-baby arse-kissing mode (told to do so by the Uk’s own Manchurian candidate – McSweeney).
Now step back & just imagine me predicting this 4, 5 years ago – you would have been right to call up the white van. We live in a time of utter insanity.
In the last few weeks Starmer has had himself photographed shaking hands and doing deals with:
Narendra Modi (PM India)
Binyamin Netanyahu (PM Israel)
Donald Trump (King of America)
He’s also been deliberately offensive in the Commons to 2 female MPs
– Liz Savile-Roberts (Plaid Cymru)
– Zara Sultana (suspended Labour)
He gets smaller, and more dangerous, by the day.
THIS should be the basis for impeachment.
At the moment the main hope is that the Senate rejects the bill, although if it passes courts will likely declare that clause unconstitutional and therefore not something they are bound to obey, but that’s clearly full constitutional crisis time.
This is truly frightening …let’s do everything possible to prevent this bill from passing in the senate. Yes Trump ought to be impeached & charged with sedition.
Excellent article. Do you believe that something similar could, or indeed is happening, or has happened in the U.K over the last forty years or so? Perhaps in our case the views of Parliament being ignored by the Government?
Reform would do this.
While leading a minority adminisration, Johnson lied to the queen to get parliament prorogued to prevent them voting re. his Brexit deal. That was unlawful.
The Tories also worked at legislation aimed at allowing them to ignore international human rights law. That’s a v slippery slope. (1 – re Brexit and NI; 2 – over Illegal Immigration Bill & Rwanda)
Mr. Speaker has an enormous amount of unaccountable power, which is occasionally used to subvert the will of parliament. (Ask the SNP about that one, just before the 2024 election, Mr Speaker reportedly coerced by Starmer to allow a Labour amenment to wreck one by the SNP.)
I believe our reliance on tradition, convention and a lot of hypocrisy makes us very vulnerable to autocrats. Our unwritten constitution relies on standards of morality, integrity and trust that simply aren’t around amongst legislators nowadays.
Agree on everything you say, Richard, and the deeply troubling warnings inherent in that. But I’m going to try to focus on the positives again today in my response.
First, yes the Bill passed the House – but only by one vote, and two Republicans voted against even though Trump personally visited Congress to threaten the waverers. So now it goes to the Senate, where it must also pass, before it can go to Trump to sign into law.
All the indications are that it won’t get the votes in the Senate. Why not? Because one of the least reported parts of the Bill is that it guts Biden’s green energy legislation (the IRA) 75% of the funding from which goes to Red states, and is already having a significant effect on employment and broader economic activity in those states. So, Republican Senators from those states – some of whom are up for reelection next year have plenty to worry about.
Then there’s the Trump corruption – the latest being the Crypto Dinner held last night – which comes on top of acceptance of the $400 million plane – which even has Tucker Carlson an Bannon speaking out, as well as many MAGA people on the blogsphere. They now see that “draining the swamp” is exactly the reverse of what Trump is doing. So, again, why should Republican senators continue to pin their fortunes to Trump.
And finally, the effects of the Trump tariffs and trade war with China have now begun to hit US retailers and prices are rising, there are empty shelves fro some goods, and small businesses in particular are suffering. So the last, great claim of Trump’s – to be on the side of the US working class consumer has fallen apart, and cannot now be resurrected.
In conclusion, I think the Big Beautiful Bill Act is far from a done deal.
For more info I’d recommend watching Ari Melber https://www.msnbc.com/the-beat-with-ari-melber
And this from Chris Hayes: https://www.msnbc.com/all
I think the Bill will be amended
I strongly suspect the core elements will pass.
“I think the Bill will be amended”
Too many deficits hawks in the Senate that do not like or want unfunded tax cuts.
Senators, who serve six years, will have to deal with Medicaid cuts which kick in down the road. House of Representatives only serve two years so can/will easily get voted out or not run for for re-election and not have to deal with the Medicaid cuts.
Hospitals, including those privately owned, have large very powerful political lobby groups and they do not like the Medicaid cuts as Medicaid subsidizes all hospitals especially rural hospitals.
Insurance companies have large very powerful political lobby groups and they do not like the Medicaid cuts as hospitals will have to balance their books on the backs of insurance companies/ their insured patients.
State Governors hate the bill as it is going to increase homelessness that they will have to deal with on a state level.
In my arrogant opinion, there will be many changes to the bill if it passes at all.
FYI: The “Crypto Dinner” last night was NOT well received by Trumps core MAGAt base.
Thanks
You blame the tech bros while they have a part in this you missed a important factor.
Bills don’t get passed automatically, they have to be voted for by people who swore to uphold the constitution. Who should be representative not just for the people who voted for them but the whole of the district they represent.
The whole of the republican pary has become so spineless and craven that they are deliberately destroying all of this.
Whether it’s out of some twisted ideology, some desire to “own the libs” it pure fear. I do not know.
There are many failures that have lead to this situation, on all sides of the American political spectrum, but the failure of Congress to hold the president to account is perhaps the worst.
I think perhaps it’s a lesson for other parties in all countries. If you start to pander to extremest views for a few votes it will become an addiction that will destroy everything.
“Whether it’s out of some twisted ideology, some desire to “own the libs” it pure fear. I do not know.”
It is out of their desire to get re-elected.
It is difficult, if not impossible, for a Republican (not California which has a Gonzo primary system) to win a primary election without the 20% of voters that form the die-hard MAGAt base.
This may be considered frivolous but nevertheless here it is.
Slogans seem to catch attention.
Trump has MAGA
We have MAGNA CARTA
My first poor effort at a slogan –
Make Americans Good Neighbours Again
Cast American Rightwing Trumpism Away
I am amused
……or just Make America Go Away
Trump is certainly having a go isn’t he – the Left or liberal progressives every where – PLEASE NOTE – you know, the bit about having ‘having a go’ rather than wringing their hands when society is calling out for more fairness.
Trump’s behaviour to me at least is typical of someone who thinks he is surrounded by suckers. He is just chancing his arm and taking advantage. What else did we expect? And Trump has to keep up the pretence because he is perhaps the greatest con man we have ever seen, and makes Bernie Madoff look like an amateur.
The U.S. State is now Trump’s very own private cash point. Knock yer self out Don!
As for the Democrats, what was the old saying that went something like ‘When good men stand by and do nothing blah blah, blah……………..’?
Jamie Driscoll, amongst others, has sounded a prescient alarm. Reform is well funded and organised at a high level if not at basic troop level, and backed by most of the media. Any actual opposition has no financial basis for a single party, so opposition must be some form of alliance of the left and centre. We need to look primarily to our next 3 years and face the fascist threat.
Let’s look at this bit:
“ if no security was given when the injunction or order was issued”
I’m no expert here, but for a security, can’t the courts just demand a bond of a nominal amount from whoever is bringing a case again as dodgy Trump action? Say one dollar?
What this horrible thing would do is to make all current rulings unenforceable.
I accept US advice as to meaning here.
Here’s a piece by a law professor at UC Berkeley. He suggests that a nominal bond could be demanded in future cases, but points out that the bill will cause huge disruption as countless current rulings, not just against Trump, will be impossible to enforce.
It sounds like a typical Trump move – try to score a temporary ‘win’ of sorts, all the while being indifferent to the utter mayhem being inflicted all round.
https://www.justsecurity.org/113529/terrible-idea-contempt-court/
Thanks