Last week, I
predicted, possibly rashly, that Hillary Clinton would win the November
election. But what if I am wrong? Most people I speak to are repulsed and
revolted by the thought. I think Trump has no redeeming features but, as one of
my friends in America pointed out, there is an atmosphere of the French
Revolution where politicians’ heads are the prize. As Trump is no politician,
he is exempt.
However, I am not
overly concerned by a Trump victory. Here is why. At the Democratic Convention,
Khizr Khan asked Trump, “Have you even read the Constitution?” I do not go this
far but some of his statements lead me to believe he does not understand it.
The bedrock of
American democracy is separation of powers. The executive, the legislature and
the judiciary are separate from one another and one branch of government cannot
impinge on the others. The President cannot even walk into Congress without an
invitation. The sole exclusion is that the Vice President has the right to
preside over the Senate, with a casting vote in the event of a tie.
Let us accept
Trump is victorious. In addition, let us assume a continued Republican majority
in the House of Representatives but a Democratic majority in the Senate. What are
the likely outcomes? Trump gives no indication that he understands how
government works. He will be talking with very experienced politicians, who
hold considerable power which a President cannot negate without negotiation.
Trump’s foreign
policy statements include a threat to withdraw America’s membership from NATO
if other members “do not pay their fair share.” The Constitution provides that
the President has the right to make treaties with the advice and consent of the
Senate. It is implicit that withdrawal from treaties is subject to the same condition.
US senators are said to be the foreign policy experts in government. Is it
likely that the Senate would endorse Trump’s proposal, especially when Russia
is fomenting problems for the western allies? Trump would be stopped.
Trump’s plan to
rid the world of ISIS is to carpet-bomb oil fields in Iraq, even though most of
ISIS stolen assets is in Syria. He was questioned recently by CNN’s Anderson
Cooper whether such a policy would be “destroying the wealth of Iraq” and in
the process, hurting ordinary Iraqis. Trump responded, “No, there is no Iraq
and there are no Iraqis.” The use of the military by a President is murky at
best. Successive War Powers Acts have a lack of clarity. If Trump needs
Congressional support for military action, would he get it?
The Donald has an
unfortunate turn of phrase when talking about other countries and their
leaders. He seems to support Putin in the hacking of Democratic e-mails. What
would he have said had the Republicans been hacked? He wasn’t aware that Russia
invaded Ukraine two years ago. If he talks to world leaders, telling them to pay
their fair share and let’s bomb Iraq, does he really believe experienced
statesmen will listen to him, let alone agree with what he says. Unless he learns
some diplomacy, he will be shunned and marginalised. What will he do then? Take
his toys and leave? America would become isolated and disrespected.
On the domestic
front, Trump would be pressed hard about building “the wall” between USA and
Mexico. The cost has been estimated in the hundreds of billions of dollars. How
will Trump finance the project? Congress owns the purse strings. The House of
Representatives might provide some help but will Americans want their taxes
spent on the project, especially when they find out the true cost?
Then there’s the
Muslim threat. Trump may be right in his allegation that America’s immigration
policy is broken but he needs to highlight the policy failures of Homeland
Security which need to be fixed and how to do it. Seeking to pass a law barring
US entry on grounds of religion seems to be a breach of the First Amendment.
Would the Supreme Court find for Trump, assuming he can get a law through
Congress? If he tried to by-pass Congress using a Presidential executive order,
I suspect the Court would quash it, even if Congress doesn’t.
My point is
straightforward. Mr Trump cannot bulldoze his way through Congress and the
Supreme Court. Franklin Roosevelt was rebuffed by a Democratic controlled Congress
in 1936 when he introduced his plan to increase the number of Supreme Court
judges. If Trump doesn’t know it yet, he will find out quickly that he will
become a presidential eunuch unless he makes overtures to Congress. “I am the
only one who can fix things” has the hollowest of rings. And failure to
understand the Constitution and how it works will hole his presidency below the
water line.
Last week in Columbus, Ohio, Trump said he feared
that the election would be “rigged.” I cannot recall such a statement by a
major party nominee in modern history. His words: “I’m afraid the election is
going to be rigged, I have to be honest.” Trump repeated the charge on Monday
night on Fox News, saying: “November 8th, we’d better be careful, because that
election is going to be rigged. And I hope the Republicans are watching
closely or it’s going to be taken away from us.”
In one way, I agree with Trump. A Presidential
election is rigged. It is the fault of the Founding Fathers. They did not trust
the people with the election of a President, thus the Electoral College was
created. On Election Day, when American voters go to the polls, they will
actually be voting for an Elector, who has the right to vote as he wishes.
These days, Faithless Electors are a myth but an Elector could vote against his
or her State’s choice. Furthermore a candidate can win the popular vote but
lose in the Electoral College. It has happened four times, the last being 2000
when Bush beat Gore, amid all kinds of irregularities in Florida. The essential
point is that the rules apply to both candidates. Trump can’t scream ‘foul’ at
a system which has been in place since the birth of the United States.
However, I doubt this is the point Trump made. Regrettably,
he provided no evidence in support of his allegation until yesterday, when Trump alluded to a few court cases across the country where
restrictive laws requiring voters to show identification were thrown out. Those
decisions, he said, could open the door to fraud in November but without
explaining why. Instead, he said: "'If the election is rigged, I would not
be surprised. The voter ID situation has turned out to be a very unfair
development. We may have people vote ten times.”
The Washington Post article
opined that the term “rigged” defied norms of politics. Trump taps into fears
long predating his campaign. One is
a growing but unsubstantiated worry that elections are being stolen. Not
for the first time, a Trump habit of making wild, unproven allegations are
bound up in his claims for honesty.
From the beginning, American elections have been
sprinkled with election fraud. Just research the 1800 election between Adams
and Jefferson. In the early part of the 20th century, political
bosses continually used ruses such as impersonation and ballot box stuffing to
make an election certain. In 1960, Mayor Daly of Chicago fixed the result for
Illinois for Kennedy. The Republicans in 2000 used all kinds of fraud to ensure
Florida was in the Bush column.
Sometimes, American elections seem to resemble
the national sport. I can hardly wait for Trump to utter the mantra, “vote
early and vote often.” In conclusion, Trump should put up or shut up about
election fraud. As he has no viable evidence to prop up his claim, he should
give it up before he makes himself look an even bigger fool.
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