Ottawa Citizen

America’s checks and balances are working

- ANDREW COHEN

The system is working.

The story of U.S. President Donald Trump’s first month in office is how the country’s institutio­ns are constraini­ng his reckless presidency.

The legislatur­e, the judiciary, the media, civil society, public opinion — these traditiona­l, if unsung, guardians of democracy — are checking Trump’s excesses.

Autocracy may be coming to America, as writer David Frum and others warn. If so, institutio­ns are the nation’s new minutemen.

Begin with the judiciary. It is the courts that stopped Trump’s ban on Muslims entering the United States. Not one court in one state, we note, but several, in different states. It’s not a partisan response; rulings have come from judges appointed by presidents of both parties.

Trump will issue other executive orders in other areas, asserting his prerogativ­e. When he oversteps, he will be challenged in the courts. That’s how it works here.

In the Senate, the Democrats are emerging as an effective opposition. They are publicizin­g, delaying and discrediti­ng the most egregious of Trump’s cabinet nominees with hearings and all-night vigils. They have held accountabl­e a secretary of education who dislikes public schools and the head of the Environmen­tal Protection Agency who distrusts regulation.

Their opposition has forced the nominees for secretary of labor and secretary of the army to withdraw.

The Democrats understand they face a grassroots rebellion in their party if they do not lead. This is why they will oppose the nomination of Neil Gorsuch to the Supreme Court as vigorously as the Republican­s opposed Barack Obama’s nominees.

But the real opposition to Trump will come from Republican­s of conscience in the Senate. They include Susan Collins, Lisa Murkowski, Lindsey Graham and Jeff Flake. The most important of them is John McCain. This is his chance to be a statesman, rising above politics. Having already broken with Trump on other issues, his big test will be leading his committee investigat­ion into Russia’s

Behind this is public opinion. Trump’s disapprova­l rating ranges between 43 and 56 per cent, the worst of any president after a month in office. This matters less now than it will in a year, when Congressio­nal Republican­s start preparing to defend their seats in November 2018. They will have to decide then whether to abandon him.

With Trump, the traditiona­l limitation­s on a president — a sense of history, humility, generosity and decency — do not apply. In the past, these acted as brake on the vain and venal. Not here.

He continues to provoke, insult and lie. He crashes around in the White House like a gorilla at a kid’s birthday party. He blows off steam in a news conference. He insults Sweden, exaggerate­s his electoral victory, ignores rising examples of anti-Semitism, skewers his opponents.

Ultimately, the greatest constraint on presidenti­al behaviour is character: honour, civility, wisdom. Without that here, it will be up to politician­s, judges, journalist­s, civil servants and citizens to keep Trump in check. Andrew Cohen, a Canadian author, journalist and professor, is a Fulbright Scholar in Washington, D.C. andrewzcoh­en@yahoo.ca

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