🌊 President Trump's Legal Theory

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By Barratt Dewey

“He who saves his Country does not violate any Law.”
-President Trump on X this Saturday

President Trump is shaping the government to his vision. 

In his first month, he’s dismantled USAID and the Consumer Financial Protection Bureau; attempted to buy out nearly the entire federal workforce; and pushed out FBI staff involved with prosecuting him and the January 6 rioters. He’s paused enforcement of laws like the Foreign Corrupt Practices Act, which prohibits bribery overseas, and attempted to eliminate DEI across the government. 

His actions have sparked both panic and elation – the former among those who say he’s destroying democracy; the latter among those who say he’s curbing the power of an undemocratic “fourth branch” of government – the bureaucracy.

Trump’s opponents have argued that his use of presidential authority to transform the government is “unprecedented” and illegal. But is it?

In 1974, President Nixon – facing impeachment – made a bold claim: "When the president does it, that means it is not illegal." While Nixon resigned over the Watergate scandal, his view of expansive presidential power didn't disappear. Instead, it evolved into an influential legal doctrine that has transformed American politics. 

Nixon was referencing Article II of the Constitution, which reads, "The executive power shall be vested in a President." After Watergate, Congress passed laws to curb some executive power. Reagan Administration lawyers responded by developing the Unitary Executive Theory.

Lots of readers had asked us to cover today’s topics. Many readers seem excited about what Trump is doing; many seem fearful. We’re eager to hear your perspectives. Let us know by reply to this email.

We know a lot of people have been offline for the long weekend. So if you missed Saturday’s story on how Mitch McConnell lost his power or Sunday’s on-the-ground report from a trash slum in Sierra Leone, check them out at those links.

We’ll be back tomorrow. We hope you have a day off and can enjoy it!

–Max and Max

RocaNews co-founders