Donald Trump’s retribution campaign tests the limits of the First Amendment

after This claims it again and again It is “unrelated to the 2025 project”, Trump signed the speed of warp Executive orders For the impact of the project 2025. Dream of fever from Heritage Foundation Project 2025, and other right -wing extremists, seeks to enhance Trump’s authoritarian vision of America. In the full tendency, the principles of Christianity to the law (controlling principles and the punishment of the Old Testament will not, not the things that have woke up about the love of your neighbor), the speedy climate change, more marginalization of immigrants and the poor, and the replacement of the federal workforce with the loyalists.
The only topic of the project 2025 is The expansion of the executive authority, the goal of the Republican Party Nearly 40 years in the tubes. Through Fiat of Office Executive, Trump reaches an unprecedented expansion of his own authority, and the majority may help the Republic in the Supreme Court.
Revenge revenge and reservation
It was one of Trump’s first works Prosecutors at the Ministry of Justice in extinguishing firefighters Who helped investigate Trump’s criminal attempts to overthrow the 2020 elections. These prosecutors were not political tenants from the Biden administration; They were professionals in the Ministry of Justice who worked under the heads of the two political parties. It was their loyalty section for the constitutionAnd not the president.
Trump’s public prosecutor, James McGathri, explained that the ends were political. books In his shooting note“Given your important role in prosecuting the president, I do not think that the leadership of the administration can trust you to help implement the president’s agenda honestly.”
In the Trump Orwellian brand, for him Executive order The title of the Ministry of Justice was “ending the federal government weapon.” It is read like the campaign to announce, and the Biden administration is accused of “unprecedented and tripartite weapons of the Nigerian Authority”, ” Call investigations In Trump J6 related Crime – not Trump’s crime himself – “misconduct.”
In addition to the shooting of prosecutors at the Ministry of Justice illegally, Trump is also trying to transfer all 2.3 million federal employees to quit smoking, and provides an alleged “purchase” that will push them to resign now and collect partial salaries until September. (Any federal employee reads this, beware, there Legal restrictions of $ 25,000 In fact for such Buy the federal employee,“Less eight months of the promised salary, indicating that Trump/Musk will not honor the conditions of their” offer “.
Attempt to purify Trump comes in the wake of A gag something prohibits external contacts One of the federal health employees at the National Institute of Health, and in the violation of the 1974 reservation monitoring law, which unilaterally holds the authority of the portfolio from federal legislators by reserving the money that he allocated to the programs that Trump does not like.
Political extinguishing of most federal employees is starkly unconstitutional
The Trump administration has made it clear that it has ended the prosecutors of the Ministry of Justice and is trying to replace the “deep state” employees because of their policies. Under the current judicial precedents, government officials cannot put the employment of their subordinates in their policies. The first amendment is prohibited as an elected official From contracting with those who support or follow him and end the employees who do not do so.
In 1976, in ELROD V. BurnsThe Supreme Court saw that a The public employer prohibits a constitutionally protected and collective belief, as it is forbidden because there is no political support. In 1980, the Supreme Court reaffirmed this rule in Brante v. FenkelKeeping public employers cannot be the condition of employment in political affiliation because “,”[i]The first amendment protects a general employee from discharge based on what he said, and he must also protect him from discharge based on what he thinks. “
In light of these cases, The courts evaluate the first amendment to political revenge The allegations according to the “ELROD/BRANTI test”, which believes that the first amendment protects public employees from ending based on their political beliefs, belonging or not assignment unless their work “requires” political loyalty. To show that loyalty is “required” in a fundamental way, Trump will have to explain that the government has a vital interest in employing the public prosecutors only from Maga. Trump’s personal desire to stay in the office for lifeThe idea of it Flowing over and over again, And his desire for Use the presidency for profit Revenge differ – and unlike – the attention of the vital government.
Trump’s non -existent mandate
The legal necessity may be to show that political extinguishing somehow provides the “vital interest” of the government is the cause Trump won the terrestrial collapseany He gave him “mandate“Although the first amendment is not interested in a popularity or Trump’s hatred, winning by one percent varies in a laughter in a victory in the state, which indicates that Trump’s political interests are synonymous with the government.
Any person who still depends on facts must repeat mathematics with Bulhourin: Trump’s profit 77 million votes compared to 75 million Harris votes; 49 % of voting compared to Harris 48 %, which is a 1 % difference. More importantly, in terms of “mandate”, 90 million qualified voters did not vote at allNo. number exceeds the number of voters for any Trump or Harris.
In short, from outside 245 million qualified American votersNearly 70 % did not vote for Trump. Only illiterate mathematics will continue to present this as a state.
Trump’s non -constitutional orders aim
In addition to the first protection from the amendment granted to all public employees, many federal laws have specific protection for agency workers, to achieve stability in the federal government and guard from politicization whims. the The law is the establishment of the Labor CouncilFor example, it requires a specific reason for the dismissal of its members: “The president may have any member of the Board of Directors, upon notice and hearing, to neglect the duty or pure in his position, but without another reason.”
Laws create a federal reserve system, postal service, the Federal Trade Committee, the National Transportation Council, the Federal Energy Regulatory Committee, the Financial Consumer Protection Office and other agencies Allow the termination only “For the reason “it was determined as incompetence, neglect of duty, and poor violations in the office. Trump cleansing, in light of this legal protection, is heading to the Supreme Court, where the designated majority of Republicans may be launched in protection laws, based on protection laws, based on Pay it in recent years to expand the presidential authority. Whether it will also distort the consensus of the first jurisprudence of consensus on political ends, but it still must be seen, but as it becomes clear, Dobbs, Conservative judges who support the project 2025 Not restricted by a former.
The current conservative judges take a wide vision of the executive authority and may be keen on that Congress restrictions are invalidated on the White House. The decision of the chief judge, Robert, immunity, which gives Trump the wide immunity of the criminal allegations, that Trump’s threat to shoot the public prosecutor in 2020 It cannot even be discussed in court Or confessed to evidence in a criminal case. After allowing Trump to commit crimes without punishment, and influencing the voters and thus working as Trump verbatim It does not seem that these Machiavellian jurists do not tend to prevent him from building an empire that imposes their conservative and religious values on our rest.
Read more
About Trump’s push to increase the executive authority