Donald Trump presidential campaign, 2016/Branches of government
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The U.S. Constitution divides the federal government into the legislative, executive, and judicial branches. The legislative branch makes laws. The executive branch carries out laws. The judicial branch interprets laws. The framers granted each branch separate, distinct, and limited functions to prevent the abuse of power. And with the separation of powers comes a system of checks and balances that gives each branch of government the ability to challenge the power of the other branches.
In the 2016 presidential campaign, much of the discussion of the federal government centered on the judicial branch, specifically the U.S. Supreme Court and filling the vacancy created by the death of Justice Antonin Scalia on February 13, 2016. Article II, section 2 of the Constitution grants the president the power to appoint justices to the Supreme Court, subject to confirmation in the Senate. On March 16, 2016, President Obama nominated Chief Judge of the U.S. Court of Appeals for the District of Columbia Merrick Garland to the Supreme Court. Senate Republicans pledged to block Garland’s nomination in order to allow the next president to fill the Supreme Court vacancy.
See what Donald Trump and the 2016 Republican Party Platform said about the branches of government.
Trump on the branches of government
Congress
- At a campaign event in Colorado on October 19, 2016, Trump announced plans to propose a constitutional amendment on term limits for members of Congress. Trump said, “If I’m elected president I will push for a constitutional amendment to impose term limits on all members of Congress.” Trump added at another event in Colorado that his plan includes a six-year limit (three terms) for members of the House and a 12-year limit (two terms) for members of the Senate.[2]
- At a campaign event in Wisconsin on October 17, 2016, Trump unveiled a five-point plan for government ethics reform. The proposal included a five-year ban on lobbying for all executive branch officials and former members of Congress and their staffs. The plan would expand the definition of “lobbyist,” permanently bans senior executive branch officials from lobbying on behalf of a foreign government, and would seek to prohibit registered foreign lobbyists from “raising money in American elections.” According to prepared remarks, Trump introduced the plan by saying, “If we let the Clinton Cartel run this government, history will record that 2017 was the year America lost its independence. We will not let that happen. It is time to drain the swamp in Washington, D.C. That is why I am proposing a package of ethics reforms to make our government honest once again.”[3]
Judiciary
- At a town hall on December 12, 2015, Donald Trump criticized Supreme Court Chief Justice John Roberts for upholding the Affordable Care Act. Trump said, “What he did to Obamacare was disgraceful and I think he did it because he wanted to be popular in the beltway or something, because he did it the first time, and should have never done it and that would have killed it.” Trump added that Justice Clarence Thomas was “highly underrated.”[4]
- In July 2012, Trump called the Supreme Court's decision maintaining the constitutionality of Obamacare "a disaster." Trump added Chief Justice John Roberts, who authored the opinion, was "extremely disloyal" and "wanted to be loved by the Washington establishment."[5]
- In April 2012, Trump criticized President Barack Obama for suggesting it would be unprecedented if the Supreme Court overturned Obamacare, saying, "I think he paid great disrespect to the Supreme Court. The Supreme Court is the Supreme Court for a reason. And it almost is as though he didn't care what they said and they shouldn't be making the decision, and this decision is above them, and they don't exist. And I would think it would be very insulting to go to the Supreme Court with what he said."[6]
Statements in response to Justice Ruth Bader Ginsburg
- In an interview with Maggie Haberman of The New York Times published July 12, 2016, Trump made the following remarks regarding Justice Ginsburg's comments about his possibly becoming president: "I think it's highly inappropriate that a United States Supreme Court judge gets involved in a political campaign, frankly ... I think it's a disgrace to the court and I think she should apologize to the court. I couldn't believe it when I saw it .. That she should be saying that? It's so beneath the court for her to be making statements like that. It only energizes my base even more. And I would hope that she would get off the court as soon as possible."[7]
- In a posted tweet on July 13, Trump called for Justice Ginsburg's resignation, saying that she "has embarrassed all by making very dumb political statements about me. Her mind is shot - resign!"[8]
- Read Justice Ginsburg's comments on Donald Trump, 2016.
Statements on U.S. Supreme Court Nominee Merrick Garland
- During an interview on CNN on March 16, 2016, Donald Trump discussed the process for choosing the next United States Supreme Court justice. He said, "I think the next president should make the pick, and I think they shouldn’t go forward, and I believe I’m pretty much in line with what the Republicans are saying."[9]
Statements on the death of Antonin Scalia and the Supreme Court vacancy
- In response to a question from moderator Chris Wallace during the third presidential debate on October 19, 2016, Donald Trump gave the following remarks on the U.S. Supreme Court, "The Supreme Court, it is what it is all about. Our country is so, so, it is just so imperative that we have the right justices. Something happened recently where Justice Ginsburg made some very inappropriate statements toward me and toward a tremendous number of people. Many, many millions of people that I represent and she was forced to apologize. And apologize she did. But these were statements that should never, ever have been made. We need a Supreme Court that in my opinion is going to uphold the second amendment and all amendments, but the second amendment which is under absolute siege. I believe, if my opponent should win this race, which I truly don't think will happen, we will have a second amendment which will be a very, very small replica of what it is right now. But I feel that it is absolutely important that we uphold because of the fact that it is under such trauma. I feel that the justices that I am going to appoint, and I've named 20 of them. The justices that I am going to appoint will be pro-life. They will have a conservative bent. They will be protecting the second amendment. They are great scholars in all cases and they're people of tremendous respect. They will interpret the constitution the way the founders wanted it interpreted and I believe that’s very important. I don't think we should have justices appointed that decide what they want to hear. It is all about the constitution of, and it is so important. The constitution the way it was meant to be. And those are the people that I will appoint."[10]
- Trump released a list of names from which he would choose nominees to the U.S. Supreme Court as president on September 23, 2016. The list includes four state supreme court judges, four federal appellate judges, and two federal district court judges. This list adds to a list of 11 potential nominees Trump released on May 18, 2016. In a press release, Trump thanked the Federalist Society and the Heritage Foundation, among others, for help in constructing the list.[11] For a complete list of Trump's potential nominees to the Supreme Court, click here.
- On February 14, 2016, Donald Trump said that he was joking when he stated in 2015 that he would appoint his sister, federal judge Maryanne Trump Barry, to the Supreme Court if given the opportunity. He said, “My sister’s a brilliant person, known as a brilliant person, but it’s obviously a conflict. … My sister, also she — she also happens to have a little bit different views than me, but I said in that in a very joking matter, and it was all lots of fun and everything else.”[12]
- At the Republican presidential debate on February 13, 2016, Trump identified federal judges Diane Sykes and William Pryor as potential replacements for Antonin Scalia. He added that he expected President Barack Obama would nominate a justice and that it was "up to Mitch McConnell, and everybody else to stop it. It's called delay, delay, delay."[13]
- Earlier on February 13, 2016, Trump tweeted, "The totally unexpected loss of Supreme Court Justice Antonin Scalia is a massive setback for the Conservative movement and our COUNTRY!"[14]
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Recent news
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See also
Footnotes
- ↑ The Wall Street Journal, "Donald Trump Enters 2016 Presidential Race," June 16, 2015
- ↑ NBC News, "Donald Trump: I Will Push Term Limits to Tell Congress 'You're Fired,'" October 19, 2016
- ↑ Donald J Trump, "Donlad J. Trump details ethics reform plan for Washington, D.C.," October 17, 2016
- ↑ ABC News, December 12, 2015
- ↑ Politico, "Donald Trump: ‘Roberts wanted to be loved’," July 2, 2012
- ↑ FOX News, "Trump: President Obama's comments on Supreme Court's pending decision on health care law 'first grade stuff'," April 4, 2012
- ↑ The New York Times, "Donald Trump Rebukes Ruth Bader Ginsburg for Deriding His Candidacy," July 12, 2016
- ↑ Twitter, "Donald J. Trump," July 13, 2016
- ↑ The New York Times, "Candidates Stick to Party Lines in Debate Over Supreme Court Nomination," accessed March 19, 2016
- ↑ Politico, "Full transcript: Third 2016 presidential debate," October 20, 2016
- ↑ NPR, "Donald Trump Unveils New, More Diverse Supreme Court Short List," September 23, 2016
- ↑ The New York Times, "Trump Says He Was Kidding in Suggesting His Sister for the Court," February 14, 2016
- ↑ The Washington Post, "The CBS News Republican debate transcript, annotated," February 13, 2016
- ↑ Twitter, "Donald Trump," February 13, 2016
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Republican Party, "The 2016 Republican Party Platform," accessed August 23, 2016
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