Politics
Trump to Rely on Historic Laws for His First-Year Agenda, Despite Legal Challenges
President-elect Donald Trump is preparing to invoke several centuries-old laws to implement key parts of his first-year agenda, focusing primarily on immigration policy and birthright citizenship. Trump plans to leverage laws with deep historical roots, dating back to the late 18th century, in an attempt to fulfill his campaign promises. However, his use of these laws could lead to significant legal challenges, potentially reaching the Supreme Court.
One of the laws Trump intends to use is the Alien Enemies Act of 1798, a controversial statute dating back to the Adams administration. This law allows the federal government to expedite the deportation of citizens from “hostile nations” in times of war or national emergency. Trump has suggested that he may use the law to target undocumented migrants, describing their arrival as an “invasion” and asserting that such powers are necessary to confront this “enemy from within.”
Although the law was last used during World War II to imprison Japanese nationals, legal experts warn that invoking it during peacetime would be a significant legal overreach. Katherine Yon Ebright, a counsel with the Brennan Center’s Liberty and National Security Program, argues that the law’s historical use in wartime makes its application outside of such a context highly questionable. Despite this, Trump’s strategy appears to be rooted in a belief that older, stronger laws could be his ticket to success.
In addition to the Alien Enemies Act, Trump has also expressed interest in enforcing the 1873 Comstock Act, which bans the mailing of “lewd” or “indecent” materials. Some of his allies, including Vice President-elect JD Vance, have suggested that this law could be used to block the mailing of abortion medication. Although Trump has signaled that he would not prioritize the enforcement of the law regarding abortion drugs, pressure from anti-abortion advocates may push his administration to take action on this issue.
Trump’s stance on using military forces for domestic purposes also echoes past legal theories, such as the Insurrection Act of 1807. The act gives the president broad authority to deploy the military in domestic situations, including for immigration enforcement. Though the act has been used sparingly throughout history, including by President George H.W. Bush during the 1992 Los Angeles riots, its potential invocation could face legal scrutiny due to the general prohibition on using the military for civilian law enforcement.
Finally, Trump remains focused on challenging birthright citizenship, a principle enshrined in the 14th Amendment. Legal experts believe that any attempt to restrict birthright citizenship would be met with strong opposition in the courts, as the Supreme Court has consistently upheld the right of those born on U.S. soil to citizenship.
As Trump prepares to push forward with these historic legal challenges, the Supreme Court may soon be called upon to weigh in on the constitutionality of his ambitious agenda.
Politics
Democrats Weigh Strategy as Government Shutdown Deadline Looms
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As President Donald Trump continues to dismantle federal agencies and expand executive power, Democrats face a crucial decision ahead of the March 14 deadline to prevent a government shutdown.
With limited ability to counter Trump’s sweeping actions, House and Senate Democrats see the spending deadline as one of their few bargaining chips. However, party leaders are divided over how aggressively to push their demands in negotiations, according to discussions with senior officials and lawmakers.
Trump and Republican leaders will require Democratic votes in the Senate, where 60 votes are needed to advance a spending bill. Additionally, House Republicans must contend with their own hardline conservatives, many of whom oppose any government funding deal. While some Democrats want to take a firm stance against Trump, others fear that a high-stakes confrontation could backfire, forcing them into concessions that weaken their position.
Debate Over Strategy
House Democratic Leader Hakeem Jeffries and Senate Majority Leader Chuck Schumer are leading discussions on how to leverage the funding deadline. Some party leaders worry that even if they secure policy victories, Trump could ignore the agreements, as he has done in previous policy battles.
“If the foundational role of Congress is the power of the purse, why would we ever believe them again on an appropriations deal?” questioned Sen. Chris Coons (D-Del.).
Rep. Jim McGovern (D-Mass.) echoed growing frustration within the party, stating, “We’re not going to keep on bailing him out. We’re not a cheap date.”
Sen. Richard Blumenthal (D-Conn.) emphasized the need to use “every point of leverage” but acknowledged the risks of a shutdown: “Nobody wants a shutdown, but we have leverage.”
The Role of Elon Musk and USAID
Adding to the political tension is billionaire Elon Musk’s growing influence in Trump’s administration. While Democrats have sought to block Musk’s access to government payment systems, Jeffries has signaled that this issue is not currently a priority in shutdown negotiations.
Meanwhile, Trump’s drastic cuts to federal programs, particularly the U.S. Agency for International Development (USAID), have placed Democrats in a difficult position. While they oppose the reductions, some fear that prioritizing foreign aid in a shutdown battle may not resonate with the public.
“As tragic as it is what’s happened to USAID and our efforts abroad, I’m not sure that it hits many Americans emotionally—certainly not outside the Beltway,” noted Rep. Jim Himes (D-Conn.).
Challenges in Avoiding a Shutdown
Even with the deadline approaching, House and Senate appropriators remain divided on basic spending levels. House Speaker Mike Johnson accused Democrats of “trying to set up some sort of government shutdown,” while Democrats argue that Republican infighting is the true obstacle to progress.
Additional disputes—such as funding for California wildfire relief and a potential debt limit increase—further complicate negotiations.
“Republicans need us,” said Rep. Pete Aguilar (D-Calif.), a key Democratic leader. “So if they want to have meaningful conversations, they know where to find us.”
Democrats Weigh Political Risks
Some progressive Democrats, including Rep. Alexandria Ocasio-Cortez (D-N.Y.), insist on making the cost of Democratic votes “very high.” Others, such as Sen. Elissa Slotkin (D-Mich.), warn that a shutdown could hurt Democrats politically, as voters may not distinguish which party is responsible for the impasse.
“We need to be strategic,” Slotkin said. “I don’t think people like when their government shuts down, and I don’t think the average person watches the debate so closely that they know whose fault it is.”
With the deadline looming, Democrats are faced with a difficult decision—stand firm against Trump’s policies or avoid a shutdown that could come at a political cost. The coming weeks will determine whether they can strike a balance between resistance and pragmatism.
Politics
Trump’s Government Overhaul: A Modern-Day Spoils System?
As President Donald Trump pushes forward with a sweeping purge of the federal bureaucracy, the long-term impact remains uncertain. Legal challenges are already mounting, with lawsuits expected to delay or potentially derail his efforts to fire career government employees and dismantle key agencies. However, one thing is clear: by the end of his second term, the federal government will likely look very different from the one he inherited.
Trump’s goal is to reshape the government into an entity more directly aligned with his political vision, drawing comparisons to the 19th-century spoils system established by President Andrew Jackson. Under that system, government jobs were awarded based on political loyalty rather than merit. But historians argue that Trump’s overhaul could go even deeper than Jackson’s.
Lessons from History
Daniel Feller, a professor emeritus of history at the University of Tennessee and an expert on Jacksonian politics, explains that while the spoils system involved mass firings and political appointments, its primary function was not to change policy direction but rather to reward loyalty. Jackson believed he was clearing out a lazy and entrenched bureaucracy, though many of his replacements were simply party loyalists.
One infamous example was Samuel Swartwout, whom Jackson appointed as the customs collector for the Port of New York, despite warnings from his own advisors. Swartwout ultimately embezzled over $1 million in tariff revenue and fled to Europe, demonstrating the risks of prioritizing political allegiance over competence.
Feller argues that Trump’s efforts go beyond mere patronage. “Trump’s attack on the bureaucracy is much, much deeper,” he said. “It’s an attempt not only to switch some people out and improve efficiency, but to entirely restructure—and in some cases, overtly destroy—aspects of the federal government.”
A Fight Over Power and Influence
Trump’s restructuring effort has drawn fierce opposition from Democrats, labor unions, and government watchdogs, who argue that his moves undermine institutional stability. His attempts to slash agencies, replace career officials with loyalists, and consolidate executive power have sparked lawsuits and emergency court rulings.
Additionally, Trump’s views on tariffs, the Federal Reserve, and economic policy have created further tensions. While he has claimed to follow Jackson’s legacy, historians point out key differences. Jackson sought to reduce tariffs and dismantle concentrated economic power, whereas Trump has increased tariffs and floated ideas like a government-controlled sovereign wealth fund.
As Trump continues his efforts to reshape the federal government, the coming months will determine whether his vision prevails or if legal and political resistance forces him to scale back his ambitions. What remains certain is that the battle over federal power is far from over.
Politics
Judge Blocks Musk’s Team from Treasury Payment System Amid Security Concerns
A federal judge has temporarily restricted Elon Musk’s government efficiency team from accessing a critical Treasury Department payment system, citing the risk of “irreparable harm.”
The ruling, issued early Saturday by U.S. District Judge Paul Engelmayer, suspends access to a sensitive system responsible for distributing Americans’ tax refunds, Social Security benefits, disability payments, and federal employee salaries. The judge also ordered the destruction of any data obtained from the system since January 20, highlighting concerns about potential data breaches and the system’s vulnerability to hacking. A hearing on the matter is scheduled for February 14.
Legal Battle Over Government Access
The decision comes in response to a lawsuit filed by New York Attorney General Letitia James and 18 other state attorneys general against the Trump administration. The lawsuit challenges the administration’s Department of Government Efficiency (DOGE), a cost-cutting initiative led by Musk and staffed with young associates classified as “special government employees.”
The attorneys general argue that DOGE personnel were unlawfully granted access to the Treasury system, which was previously restricted to specific government employees. They warn that DOGE’s involvement poses a significant security risk to states and their residents.
Political Fallout and Broader Legal Challenges
The court order is the latest in a series of legal challenges against the administration’s efforts to restructure the federal government. On Friday, another judge temporarily blocked the administration’s attempt to dismantle the U.S. Agency for International Development (USAID). Additionally, a separate ruling halted a deadline for federal employees to accept buyouts under a controversial workforce reduction plan.
The administration’s approach has faced strong opposition from Democratic lawmakers, labor unions, and privacy advocates concerned about Musk’s access to sensitive government data. Critics argue that DOGE’s efforts to gain control over key government systems, including those related to federal employment, real estate, and digital infrastructure, could lead to political interference and security risks.
Concerns Over Payment System Control
At the center of the legal battle is the Treasury Department’s payment system, which services over 250 federal agencies and facilitates billions of dollars in payments each year. Critics fear the administration could use DOGE’s access to manipulate or withhold payments, adding further uncertainty to government operations.
“The conduct of DOGE members presents a unique security risk to the States and State residents whose data is held,” the lawsuit states.
With mounting legal challenges and bipartisan scrutiny, the administration’s push to overhaul federal operations faces increasing resistance. The upcoming February 14 hearing will be a critical moment in determining whether Musk’s team will regain access to the Treasury system—or face further judicial restrictions.
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