During the presidential campaign #Donald Trump tapped into the sentiments of parts of the American public that had more to do with gut feelings than cold political planning and agendas. The unorthodox campaign made issues like the Mexican wall, repealing Obamacare and Immigration rallying cries despite the doubts expressed by other Republicans such as House Leaders Paul Ryan regarding their feasibility and constitutionality. The current battles in the Courts and the probable difficulties in making good on these promises show the differences between the campaign trail and daily life in the Oval Office.
Ad hoc drafting
The reality of executive action has been shown in the legal challenges and subsequent suspension of the executive order banning Moslem immmigration from seven countries to the United States over the last week. While it was easy for candidate and businessman Trump to get caught up to in the enthusiasm of the campaign rallies and to make announcements to please his supporters, President Trump has now found the drawing up of the executive orders is a complicated procedure that must take into account all aspects of current law and the requirements contained in the Constitution.
The success of the first challenges to the courts by Washington and others states leading to the suspension of the order and the rejection of the justice department appeals clearly shows that the orders did not satisfy these legal requirements.
In addition, the defeats of the ban in the courts and the comments from the justices on the challenges seem to vindicate reports in the main stream media that a number of the executive orders had been drawn up without consultation with the Ministries and Justice Department experts who would have foreseen these difficulties.
Businessman and not yet President
While we await the final outcome of the challenges and the appeals which in all probability will end in the Supreme Court, the first two weeks of the Trump Administration have put into the spotlight another aspect of this new style presidency. What the country has seen over the last two weeks is that the man in the Oval Office still thinks and acts as a businessman and not yet as the Leader of the country.
The tactics that allow the successful businessman to make money are not those that make the successful politician.
In particular Donald Trump makes the common mistake that an election victory gives the President the right and powers to enact every aspect of his agenda. The suspension of the Migrant ban in the courts is the first proof that this is not so. The subsequent outbursts via Twitter and in public statements also show that this lesson is hard for him to accept.
Power can be a powerful drug and this is the very reason that the checks and balances of the American system of government were put into place. The Founding Fathers of the Republic saw themselves fighting a tyranny in their revolt against British rule and they wanted to ensure that they would never again be subject to tyranny.
Trump’s lack of previous government experience was questioned during the campaign and he himself turned these doubts into a matter of pride during the winning campaign stating that he would provide a new form of government for the country. Yet, as the traditional saying says, the proof of the pudding is in the eating.
The challenges to his orders have upset the former businessman who expected that his employees automatically obeyed his orders, yet this was never the true role of political advisers and of the Courts. Any President requires advisers with the courage to question his orders to avoid such matters becoming controversies as we have seen. The role of the courts is to ensure that any action by the White House conform to Law and the Constitution.
After two weeks in office the public would be justified in asking one question; when will the businessman disappear so that the true President will be able to emerge?