We hold these truths to be self-evident, that a constitutional system is only as robust as those who interpret and enforce it, and that if exposed to the corrosive influence of wealth and power, even the brightest democratic flower will wither on the stem.
Such is the lesson of Donald Trump’s presidency. A twice impeached, convicted felon has for years been running roughshod over the US constitution because – as it turns out – he can. Apparently the frequently touted ‘checks and balances’ built into the structure of the US government don’t actually prevent a president from misappropriating charitable funds for political campaigning, committing business fraud to hide hush money payments, accepting gifts and payment from foreign entities while in office, circumventing the congressional power of the purse to unilaterally cut federal funding or close government departments, committing flagrant acts of war without congressional approval, or authorising gestapo-like ICE thugs to kidnap and deport US citizens without due process.
But Trump is no aberration. Despite his pathological mendacity he is in many ways the most honest face of the American empire we’ve ever seen. He’s a symptom. He merely exposes, in gaudy neon lights, the inadequacies of a system that allowed him to take power and keep it.
If the US is not only to oust Trump in 2028, but prevent another from arising, fundamental reforms must be enacted within its political system.
Stop dark money groups buying the election
The first and most obvious area for such reform is campaign finance. This has been a problem for a long time, but particularly since the 2010 Citizens United v. FEC Supreme Court ruling, which essentially granted corporations the right to free speech in the form of political campaign contributions and ruled that there should therefore be no limit on how much could be spent on candidates. Ever since, US elections have been little more than auctions. Indeed, Trump’s second term was effectively bought by a handful of oligarchs, including Elon Musk, Miriam Adelson, Timothy Mellon and a few dark money front groups.
Many voices among American progressives have long been campaigning for constitutional amendments to overturn the Citizens United decision and move to the public funding of elections. There’s already an existing federal fund for presidential elections, but this isn’t typically used because it’s conditional on candidates refusing private contributions. If corporate Political Action Committee contributions were banned or restricted, all congressional elections could be run mainly with federal funding.
Set terms of office for Supreme Court justices
Another target for reform ought to be the Supreme Court of the United States (SCOTUS). SCOTUS is essentially responsible for safeguarding the constitution, having ultimate appellate jurisdiction over federal court cases. Following judicial review, it may invalidate statutes or presidential directives that it deems to violate the constitution. For all its grand and aloof appearance, this is in practice an inherently political function, especially given that its justices are nominated by the president and approved by the Senate.
There are nine justices on the Supreme Court, which has a distinctly conservative bent since Trump appointed three during his first administration. Justices currently have lifetime tenure, so are only replaced on retirement, death or impeachment. The ideological mix of the court shifted notably rightwards after the Clinton appointee Ruth Bader Ginsburg refused to retire under the Obama administration, despite her advancing age and serious illness, and subsequently died under Trump.
In future, SCOTUS justices could be given set terms of office, after which they’d be subject to reapproval by the Senate for a second and final term. If the Senate refused to grant a second term to a justice, then the sitting president would be able to nominate a replacement. This would make the court less of a sclerotic obstacle to the democratic will of the public, maintain more of an ideological balance, and prevent a lucky president from gaining a constitutional chokehold over future progress, as Trump now has.
Making this change might require a constitutional amendment, which would be very difficult to achieve. Alternatively, a workaround has been proposed by which justices technically continue to serve a life tenure, but only participate in the appellate work of SCOTUS for 18 years, after which they’re reassigned to lower Federal courts (or retire). Thus, two ‘active’ seats would become vacant during each presidential term. Failing this, the next Democratic administration should simply attempt to pack the court by increasing the number of justices, as Roosevelt attempted to do in 1937.
Bar anyone impeached by either house from holding office
Another helpful area of reform in the light of Trump might be a constitutional amendment prohibiting any president impeached by either house of Congress from holding office in future – not just those successfully convicted by the Senate. Trump was impeached twice during his first term, the second time in response to his role in inciting an insurrection to prevent the transition of power after the 2020 election of Joe Biden. A Senate split evenly by party voted to acquit him, failing to achieve the two thirds majority necessary for a conviction. The world is now living precariously with the consequences.
Most of these suggested reforms would require constitutional amendments, which are extremely difficult to achieve. A proposed amendment, usually drafted by a congressperson, must be approved by a two-thirds majority in each house of Congress and then ratified by three quarters of the states. But if ever it was clear that such amendments are necessary, it’s now.
Without addressing campaign finance, the long-term ideological recalcitrance (and indeed corruption) of the Supreme Court, and the lack of consequences for a presidential impeachment, a ‘new’ Trump will appear soon enough, and with the precedent set over the last 10 years, will surely have no qualms about picking up where Trump left off. Trump’s crudeness and lack of tact and shame expose a political system that has for decades allowed presidents to get away with war crimes, imperialism and corruption by special interests.
The US would do well to learn from that and act accordingly.
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