The U.S. Constitution makes no explicit statement concerning the separation of powers. It is a strongly written document which spells out the powers of each branch of the Government, but only in the Federalist Papers do we learn what the Founding Fathers had in mind for the separation of powers. The renowned presidential scholar, Richard Neustadt, went a step further and defined the relationship between the branches as really one of “separate institutions sharing power.”
With respect to the Executive Branch, the Founding Fathers were very succinct. The language in Article II is surprisingly concise despite the fact that the years of royal rule over the colonies was still fresh in their memories. The generally accepted explanation for this is that the Founders assumed that George Washington shortly would be elected as the first President. The assembled leaders at the Constitutional Convention were sure that they could rely on Washington to establish precedent for all future presidents. Never could they have realized to what depths that institution would plummet.
In is in this context that one also realizes that the Founders created three co-equal branches which may save the Union in the months and years ahead. It is the third and perhaps the last branch of power to assert its place, the judiciary, which will ultimately be the savior of the nation. Here too, that is largely a consequence of one man’s service, Chief Justice John Marshall, who set as his goal to insure that the Courts would have their proper place in the functioning of the country. It is the past few days and weeks which have begun to suggest that the terror of the Trump Presidency and the tragedy of the January 6th insurrection will only be unraveled when the judicial branch United States works its way into the process.
We now are observing how the investigations into President Trump’s complicit allies are being conducted by the House of Representatives and by several grand juries. Their evidence and their requests for additional information will eventually land in the laps of the courts. The time is approaching in the next several months when President Trump himself may well find that like Hans Christian Andersen’s emperor, he too has no clothes.
This process will take several more months, but more and more participants and former Trump sycophants will jump the Trump ship to save their own skin. This first will be driven because the legal system which winds painfully slow has eventually caught up with them. They will recognize that their solid wall of obstruction is crumbling and that Donald Trump never defends anyone even his past friends.
Second, many of Trumps defenders will find themselves facing compelling and contentious lawsuits. Many of these legal confrontations eventually will lead to drawn-out appeals, however, most of Trump’s allies cannot afford financially protracted legal battles. Once Trump’s collaborators recognize that the former President will not be footing their legal expenses many of them will cut their losses. They will disclose the truth about Donald Trump if only to reduce the devastating suffering and pain that drawn out legal fights will cause them and their families.
As he has throughout his life, Donald Trump is sure that he will be able to “game” the system so he personally will never be convicted neither for criminal nor civil wrongdoings. It is assumed that his friends and supporters already have created a bottomless fund upon which he can draw to negotiate what undoubtedly will be years of litigation.
If the Courts fail in their responsibility, then they will contribute as much to the fall of this Republic as has Trump himself. The nation has been deeply divided since Barack Obama was elected, but the institutions of Government continued to work, although it has been a struggle. If the third branch of Government fails to assert itself and rescue the nation, the events that occurred on January 6 may well be seen as the beginning of the demise of the Republic.
Oy Vey!