“Where Congress won’t act, I will.”

In consideration of the upcoming election, this statement is pretty chilling…it smacks of authoritarianism. It reflects the attitude of someone who would be a dictator rather than a President who is elected to implement the will of the people through legislation passed by their elected representatives. It portends someone who will ignore the role of Congress thereby threatening the separation of powers provisions that are set forth in the Constitution. It engenders an attitude that “I know better than others.” It assumes that “my will” is the will of the people.

I for one hesitate to vote for someone who has the hubris to make such a statement. Yet the American electorate voted overwhelmingly for the person who made this statement.

No, it was not Donald Trump. In fact, it was Barack Obama. He went on to weaponize the IRS to target religious and grass root political groups. He issued two executive orders on immigration policies (DACA and DAPA ) with no Congressional involvement …only stopped in the latter case by the Supreme Court. He unilaterally directed federal agencies to ignore deadlines specified in legislation ( the ACA) that Congress passed. He entered into a treaty with a foreign government ( the Iran Nuclear Agreement) ignoring that entering into treaties are within the sole purview of Congress.

In each of these cases, the president unilaterally expanded his power while ignoring the Constitution.

And what about Joe Biden?

With his approval, in the context of the COVID pandemic, the CDC issued a moratorium on tenant evictions. A district court subsequently found and the Sixth Circuit affirmed that the CDC overstepped its rule making authority and was not authorized by explicit language in the statute to issue an eviction moratorium order. He also sought to mandate Covid vaccinations for private businesses with 100 or more employees. This was also determined by the courts to have exceeded his authority. And more recently, he determined, incorrectly, that it was within his authority to forgive student loan debt. But no matter. Since he was stopped by the courts, he has sought different ways to achieve that goal through various questionable devices.

The fact is that Presidents throughout history have exceeded their constitutional powers in a way that could be characterized as authoritarian. The problem is that as individuals we tend to be more tolerant of and/or support their actions if we like that person or agree with the action…notwithstanding its constitutionality or legality. The end result of this acquiescence is that Presidents are emboldened to do whatever they like.

That is why I hesitate to take seriously the hyperbole surrounding the charge that Trump is a threat to democracy. I will however take it seriously when everyone, regardless of political party, is equally critical of all such actions.

In the end the rule of law will only prevail if we apply it uniformly and without prejudice. In the meantime every President who seeks to expand his or her power beyond the confines outlined in the Constitution is an authoritarian in my book.