Historian Johann Neem, a specialist in the American Revolution, turned to political theorist John Locke to explore the larger meaning of Trump’s destructive course. The founders who threw off monarchy and constructed our constitutional government looked to Locke for their guiding principles. In his 1690 Second Treatise on Government,
Locke noted that when a leader disregards constitutional order, he gives up legitimacy and the people are justified in treating him as a “thief and a robber.” “[W]hosoever in authority exceeds the power given him by the law and makes use of the force he has under his command…ceases in that to be a magistrate; and, acting without authority, may be opposed, as any other man, who by force invades the right of another,” Locke wrote.
Neem notes that Trump won the election and his party holds majorities in both chambers of Congress.
He could have used his legitimate constitutional authority but instead, “with the aid of Elon Musk, has consistently violated the Constitution and willingly broken laws.” Neem warned that courts move too slowly to rein Trump in. He urged Congress to perform its constitutional duty to remove Trump from office, and urged voters to make it clear to members of Congress that we expect them to “uphold their obligations and protect our freedom.”
“Otherwise,” Neem writes, “Americans will be subject to a pretender who claims the power but not the legitimate authority of the presidency.” He continues: “
Trump’s actions threaten the legitimacy of government itself.”
In the Senate, on Thursday, February 20, Angus King (I-ME) also reached back to the framers of the Constitution when he warned—again—that permitting Trump to take over the power of Congress is “grossly unconstitutional.
” Trump’s concept that he can alter laws by refusing to fund them, so-called impoundment, is “absolutely straight up unconstitutional,” King said, “and it’s illegal.”
“[T]he reason the framers designed our Constitution the way they did was that they were afraid of concentrated power,” King said. “They had just fought a brutal eight-year war with a king. They didn’t want a king. They wanted a constitutional republic, where power was divided between the Congress and the president and the courts, and we are collapsing that structure,” King said. “[T]he people cheering this on I fear, in a reasonably short period of time, are going to say where did this go? How did this happen? How did we make our president into a monarch? How did this happen? How it happened,” he said to his Senate colleagues, “is we gave it up! James Madison thought we would fight for our power, but no. Right now we’re just sitting back and watching it happen.”
“This is the most serious assault on our Constitution in the history of this country,” King said. “It's the most serious assault on the very structure of our Constitution, which is designed to protect our freedoms and liberty, in the history of this country.
It is a constitutional crisis…. Many of my friends in this body say it will be hard, we don't want to buck the President, we'll let the courts take care of it…. [T]hat's a copout. It's our responsibility to protect the Constitution. That's what we swear to when we enter this body.”
“What's it going to take for us to wake up…I mean this entire body, to wake up to what's going on here? Is it going to be too late? Is it going to be when the President has secreted all this power and the Congress is an afterthought? What's it going to take?”
“[T]his a constitutional crisis, and we've got to respond to it. I'm just waiting for this whole body to stand up and say no, no, we don't do it this way. We don't do it this way. We do things constitutionally. [T]hat's what the framers intended.
They didn't intend to have an efficient dictatorship, and that's what we're headed for…. We’ve got to wake up, protect this institution, but much more importantly protect the people of the United States of America.”
https://heathercoxrichardson.substack.com/p/february-23-2025