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How constitutional guardrails have always contained presidential ambitions

The article discusses concerns regarding Trump’s second term and potential threats to American democracy, highlighting historical presidential power expansions and emphasizing the resilience of democratic institutions against authoritarianism in the U.S.

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Since the U.S. Congress first met in 1789, it has been a key check on the power of the president. Allyn Cox, via Architect of the Capitol

Victor Menaldo, University of Washington

As Donald Trump’s second inauguration fast approaches, concerns he threatens American democracy are rising yet again. Some warnings have cited Trump’s authoritarian rhetoric, willingness to undermine or malign institutions meant to constrain any president, and a combative style that strives to stretch executive power as far as possible.

Authoritarianism erodes property rights and the rule of law, so financial markets typically respond with alarm to political unrest. If major investors and corporations really believed the United States was on the brink of dictatorship, there would be large-scale capital flight, equity sell-offs, spikes in U.S. credit default swaps or rising bond yields unexplained by typical macroeconomic factors such as inflation forecasts.

Instead, there have been no systematic signs of such market reactions, nor an investor exodus from American markets. Quite the contrary.

This absence of alarm is not conclusive proof that democracy is safe forever, nor that Trump cannot damage American democracy at all. But it does suggest that credible institutions and investors who literally bet on political outcomes for a living do not view an American autocracy as imminent or even likely.

This is probably because the mechanics of upending American democracy would entail surmounting a thick tangle of constitutional, bureaucratic, legal and political obstacles. As a political economist who has written widely about the constitutional foundations of modern democracies, I submit it’s far more complicated than one man issuing brash executive orders.

A group of formally dressed men gather around a small table with a piece of paper on it.
The first reading of the Emancipation Proclamation to the Cabinet marked a moment of a president seizing significant power. VCG Wilson/Corbis via Getty Images

Presidents have long seized more power

Throughout American history, presidents have achieved far greater expansions of executive power than Trump did in his first term.

Abraham Lincoln suspended habeas corpus during the Civil War, allowing detention without trial. He bypassed Congress through sweeping executive actions, most notably the Emancipation Proclamation, which declared freedom for enslaved people in Confederate states.

Woodrow Wilson created administrative agencies and imposed draconian censorship during World War I via the Espionage Act of 1917 and the Sedition Act of 1918.

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Franklin D. Roosevelt’s court-packing plan failed to pass, but it still cowed the Supreme Court into deference. His New Deal bureaucracy centralized vast powers in the executive branch.

Lyndon B. Johnson obtained the Gulf of Tonkin Resolution, transferring major war-making powers from Congress to the presidency. Richard Nixon invoked executive privilege and ordered secret bombings in Cambodia, steps that largely bypassed congressional oversight.

George W. Bush expanded executive prerogatives after 9/11 with warrantless wiretapping and indefinite detention. Barack Obama faced criticism for the dubious legal rationale behind drone strikes targeting U.S. citizens deemed enemy combatants abroad.

These historical examples should not be conflated with an actual ability to impose one-man rule, though. The United States, whatever its imperfections, has a deeply layered system of checks and balances that has repeatedly stymied presidents of both parties when they tried to govern by decree.

Trump’s openly combative style was in many ways less adept at entrenching presidential power than many of his predecessors. During his first term, he broadcast his intentions so transparently that it galvanized numerous institutional forcesjudges, bureaucrats, state officials, inspectors general – to resist his attempts. While Trump’s rhetoric was more incendiary, other presidents achieved deeper expansions of the executive branch more discreetly.

A man stands in front of a U.S. flag holding a piece of paper.
Then-Vice President Mike Pence presides over the certification of the results of the 2020 presidential election on Jan. 6, 2021. Saul Loeb/POOL/AFP via Getty Images

Trump’s Jan. 6 plan was never realistic

Trump’s failure to impose his will became particularly evident on Jan. 6, 2021, when claims that an “auto-coup” was afoot never translated into the real-world mechanics that would have kept him in office beyond the end of his term.

Even before the Electoral Count Reform Act made the process clearer in 2022, scholars agreed that under the 12th Amendment the vice president’s role in certifying the election is purely ministerial, giving him no constitutional basis to replace or discard certified electoral votes. Similarly, state laws mandate that certification is a mandatory, ministerial duty, preventing officials from arbitrarily refusing to certify election results.

Had Pence refused to certify the Electoral College vote count, it is more likely than not that courts would have swiftly ordered Congress to proceed. Moreover, the 20th Amendment fixed noon on Jan. 20 as the end of the outgoing president’s term, making it impossible for Trump to remain in power just by creating delay or confusion.

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The idea that Pence’s refusal to certify could erase state-certified votes, or coerce Congress into accepting alternate slates, had no firm grounding in law or precedent. After Jan. 20, the outgoing president would simply cease to hold office. Thus, the chain of events needed for an auto-coup to occur in 2021 would have fallen apart under the weight of well-established procedures.

A massive bureaucracy

Potential avenues of power consolidation during Trump’s impending second term are equally narrow. The federal bureaucracy makes it exceedingly difficult for a president to rule by fiat.

The Department of Justice alone comprises roughly 115,000 employees, including over 10,000 attorneys and 13,000 FBI agents, most of them career civil servants protected by the Civil Service Reform Act and whistleblower laws. They have their own professional standards and can challenge or reveal political interference. If an administration tries to remove them en masse, it runs into protracted appeals processes, legal constraints, the need to conduct a bevy of lengthy background checks and a crippling loss of institutional knowledge.

Past episodes, including the George W. Bush administration’s politically motivated dismissals of U.S. attorneys in 2006 and 2007, illustrate that congressional oversight and internal department practices can still produce major pushback, resignations and scandals that thwart political interference with the Justice Department.

Independent regulatory agencies also resist being dominated by the president. Many are designed so that no more than three out of five commissioners can belong to the same political party, ensuring some measure of bipartisan representation. Minority commissioners can deploy a host of procedural tools – delaying votes, demanding comprehensive studies, calling for hearings – that slow down or block controversial proposals. This makes it harder for a single leader to unilaterally impose policy. Those minority commissioners can also alert the media and Congress to questionable moves, inviting investigations or public scrutiny.

In addition, a 2024 Supreme Court ruling shifted the power to interpret federal laws, as passed by Congress, away from executive branch government agencies. Now, federal judges play a more active role in determining what Congress’ words mean. This requires agencies to operate within narrower bounds and to produce stronger evidence to justify their decisions. In practical terms, an administration now has less leeway to stretch statutes for partisan or authoritarian ends without encountering judicial pushback.

A group of nine people wearing black robes pose for a portrait.
Federal judges have more power to interpret Congress’ intention than in recent years. U.S. Supreme Court

Layers of defenses

American democracy has vulnerabilities, and other democracies have collapsed under powerful executives before. But in my view, it’s not reasonable to draw definitive lessons from a tiny number of extreme outliers, such as Hitler in 1933 or the handful of elected leaders who staged more recent auto-coups in fragile or developing democracies such as Argentina, Peru, Turkey and even Hungary.

The United States stands out for having a complex federal system, entrenched legal practices and multiple layers of institutional friction. Those protections have historically proven adept at limiting presidential overreach – whether subtle or bombastic.

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In addition, state-level politicians, including attorneys general and governors, have repeatedly demonstrated their willingness to challenge federal overreach through litigation and noncooperation.

The military’s professional culture of civilian control and constitutional fidelity, consistently upheld by the courts, provides another safeguard. For instance, in 1952 the Supreme Court ruling in Youngstown Sheet and Tube Co. v. Sawyer reversed President Harry Truman’s order that the military seize privately owned steel mills to ensure supply during the Korean War.

All those institutional checks are further buttressed by a robust civil society that can mobilize legal challenges, advocacy campaigns and grassroots resistance. Corporations can wield economic influence through public statements, campaign funding decisions and policy stances – as many did in the aftermath of Jan. 6.

Taken together, these overlapping layers of resistance make the path to autocracy far more challenging than many casual observers might assume. These protections also may explain why most Americans are resigned to Trump’s second term: Many may have come to realize that the nation’s democratic experiment is not at stake – and probably never was.

Victor Menaldo, Professor of Political Science, Co-founder of the Political Economy Forum, University of Washington

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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Space and Tech

Blue Origin Announces Crew for New Shepard’s 31st Mission

🚀 Exciting news! Blue Origin announces its all-female crew for New Shepard’s NS-31 mission, featuring inspiring leaders like Katy Perry and Gayle King! 🌟

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New Shepard

Blue Origin has exciting news as it announces the six remarkable individuals selected to fly on the NS-31 mission, the 11th human flight of its New Shepard program. This mission, set to launch this spring, features an inspiring all-female crew comprised of Aisha Bowe, Amanda Nguyen, Gayle King, Katy Perry, Kerianne Flynn, and Lauren Sánchez. These extraordinary women aim not only to explore the wonders of space but also to empower and inspire future generations.

New Shepard
NS-31 Crew (Blue Origin)

Meet the NS-31 Crew

Aisha Bowe
Aisha is a former NASA rocket scientist and a dedicated advocate for STEM education. As the CEO of STEMBoard, she leads an engineering firm that has made waves in the industry, being recognized twice on the Inc. 5000 list of America’s fastest-growing private companies. Additionally, she founded LINGO, an edtech company focused on providing tech skills to students worldwide. Inspired by her own journey from community college to space, Aisha hopes her experience will motivate young people, particularly in the Bahamas, to chase their dreams.

Amanda Nguyen
Amanda is a bioastronautics research scientist with an impressive academic background, having graduated from Harvard and conducted research at prominent institutions like MIT and NASA. She played a role in the last NASA shuttle mission and is renowned for her advocacy work for sexual violence survivors, earning her a Nobel Peace Prize nomination. As the first Vietnamese and Southeast Asian woman astronaut, Amanda’s flight symbolizes a powerful reconciliation between the United States and Vietnam, using science as a pathway to peace.

Gayle King
An award-winning journalist and co-host of CBS Mornings, Gayle King has a reputation for her heartfelt interviews and thought-provoking discussions. With a career built on compassion and insight, she embraces new challenges, including being part of Blue Origin’s first all-female flight team. Gayle looks forward to stepping outside her comfort zone and experiencing the thrill of space travel.

Katy Perry
As one of the best-selling female artists of all time, Katy Perry brings her star power to the NS-31 mission. Beyond her music career, she is a passionate advocate for various philanthropic causes, serving as a UNICEF Goodwill Ambassador. Through her Firework Foundation, Katy inspires underserved children to express themselves through the arts. Being part of this historic all-female crew fills her with pride, and she hopes her journey serves as a beacon of inspiration for her daughter and all aspiring dreamers.

Kerianne Flynn
After successful careers in fashion and human resources, Kerianne Flynn dedicated the last decade to community-building and storytelling through nonprofit work and film production. Her recent projects explore crucial social themes, including women in Hollywood and fair pay advocacy. With a lifelong passion for exploration and adventure, Kerianne aims to inspire her son, Dex, and a new generation of dreamers with her flight aboard New Shepard.

Lauren Sánchez
Lauren is an Emmy Award-winning journalist, bestselling author, and licensed helicopter pilot. As Vice Chair of the Bezos Earth Fund, she is committed to addressing pressing climate issues. In 2016, she founded Black Ops Aviation, the first female-owned aerial film and production company. Her children’s book, The Fly Who Flew to Space, became a New York Times bestseller. Lauren’s goal is to motivate the next generation of explorers to reach for the stars.

A Historic Mission

The NS-31 mission is a remarkable milestone for Blue Origin, being the first all-female flight crew since Valentina Tereshkova’s solo flight in 1963. This mission marks the 31st flight in New Shepard’s history, with the program having successfully flown 52 individuals above the Kármán line, the globally recognized boundary of space.

Read the press release: https://www.blueorigin.com/fr-FR/news/new-shepard-ns-31-mission

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As anticipation builds for the upcoming launch, we celebrate these extraordinary women and their commitment to breaking barriers and inspiring future generations to follow their dreams. For those interested in flying on a future New Shepard mission, additional details can be found at BlueOrigin.com/New-Shepard/Fly.

Stay tuned for more updates as we approach this exciting launch!

Source: Blue Origin

The science section of our news blog STM Daily News provides readers with captivating and up-to-date information on the latest scientific discoveries, breakthroughs, and innovations across various fields. We offer engaging and accessible content, ensuring that readers with different levels of scientific knowledge can stay informed. Whether it’s exploring advancements in medicine, astronomy, technology, or environmental sciences, our science section strives to shed light on the intriguing world of scientific exploration and its profound impact on our daily lives. From thought-provoking articles to informative interviews with experts in the field, STM Daily News Science offers a harmonious blend of factual reporting, analysis, and exploration, making it a go-to source for science enthusiasts and curious minds alike. https://stmdailynews.com/category/science/

 

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The Knowledge

The Mystical Glow of the Night Sky: Exploring Zodiacal Light

Zodiacal light, seen before sunrise, is sunlight scattering off interplanetary dust in the zodiacal cloud. It represents a cosmic connection, best viewed in dark, clear locations during specific times of the year.

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Zodiacal light, False Dawn

Have you ever looked up at the night sky and noticed a faint glow, gracefully extending from the horizon in a triangular shape? This enchanting phenomenon is known as zodiacal light, often referred to as “false dawn” when it’s visible just before sunrise. While it may seem like a mere trick of the light, the zodiacal light holds a fascinating story about the universe surrounding our planet.

The Science Behind Zodiacal Light

Zodiacal light is the result of sunlight scattering off interplanetary dust, creating a delicate illumination in the night sky. This dust resides in a thick, pancake-shaped cloud known as the zodiacal cloud, which orbits in the ecliptic plane of our Solar System. Ranging from 10 to 300 micrometers in size, these tiny particles have masses that can span from one nanogram to several micrograms. Together, they contribute to what we see as a soft glow, complementing the natural light of a moonless night.

Interestingly, zodiacal light can be seen most effectively in dark locations, far away from the interference of city lights or moonlight. When conditions are perfect—a clear night with minimal light pollution—this soft glow stretches from the direction of the Sun, gracefully illuminating the darker parts of the sky. It’s most prominent in the western sky during spring after sunset and in the eastern sky during autumn before dawn.

The Origins of Cosmic Dust

The source of the dust that creates zodiacal light has long been a subject of exploration and debate. Initially thought to originate from active comet tails or collisions among asteroids, recent research suggests that a significant portion of the dust comes from the gradual fragmentation of dormant comets, specifically those in the Jupiter-family category.

When comets break apart, they send tiny fragments scattering through space. As these particles eventually disintegrate further due to collisions and space weathering, they continue to replenish the zodiacal dust cloud. This dynamic relationship ensures that our view of zodiacal light is not just a fleeting moment, but a persistent feature of our cosmic environment.

Viewing Zodiacal Light: Tips and Tricks

To catch a glimpse of this celestial beauty, timing and location are crucial. For those in mid-latitude regions, the ideal times to observe zodiacal light are during the evenings in spring and mornings in autumn. Choose a spot far from city lights, under a clear and moonless sky. As twilight fades, lean back, breathe in the fresh evening air, and let your eyes adjust to the darkness.

The sight will often reveal a column of light that appears brighter near the horizon and tilts at an angle parallel to the ecliptic. Often mistaken for a glimpse of the Milky Way, zodiacal light offers a serene reminder of the intricate cosmos we inhabit.

The Connection to Gegenschein

Zodiacal light isn’t the only celestial phenomenon related to interplanetary dust. There’s also the gegenschein, or “counterglow,” which is a faint oval glow seen directly opposite the Sun. This unique aspect of zodiacal light and gegenschein adds depth to our understanding of celestial phenomena and invites us to ponder our place in the universe.

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What is false dawn?

A Cosmic Invitation

Zodiacal light is not just a backdrop for the stars; it represents a beautiful, cosmic connection between our planet and the infinity beyond. It serves as a gentle reminder of the fleeting moments in nature—moments that encourage us to pause, look up, and marvel at the intricate dance of light and dust that swirls around us.

So next time you find yourself under a dark sky, take a moment to seek out this enchanting glow. The zodiacal light is waiting, inviting you to experience the magic of our universe. Happy stargazing!

For more information visit these links:

Wikipedia: https://en.wikipedia.org/wiki/Zodiacal_light

Earth-Sky: https://earthsky.org/astronomy-essentials/zodiacal-light-false-dusk-how-to-see-explanation/

The science section of our news blog STM Daily News provides readers with captivating and up-to-date information on the latest scientific discoveries, breakthroughs, and innovations across various fields. We offer engaging and accessible content, ensuring that readers with different levels of scientific knowledge can stay informed. Whether it’s exploring advancements in medicine, astronomy, technology, or environmental sciences, our science section strives to shed light on the intriguing world of scientific exploration and its profound impact on our daily lives. From thought-provoking articles to informative interviews with experts in the field, STM Daily News Science offers a harmonious blend of factual reporting, analysis, and exploration, making it a go-to source for science enthusiasts and curious minds alike. https://stmdailynews.com/category/science/

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Space and Tech

Blue Origin’s New Shepard Completes 30th Mission to Space

Blue Origin completed its 30th New Shepard flight, marking its tenth human spaceflight and transporting 52 individuals to space. The mission featured a diverse astronaut crew, underscoring the company’s commitment to expanding access to space exploration.

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On a remarkable day for space exploration, Blue Origin celebrated a significant milestone with the successful completion of its 30th flight of the New Shepard program, marking the tenth human spaceflight for the company. This mission showcased a diverse crew of astronauts, featuring Lane Bess, Jesús Calleja, Elaine Chia Hyde, Dr. Richard Scott, Tushar Shah, and an undisclosed sixth member. Notably, Lane Bess flew for the second time, becoming the fourth New Shepard customer to embark on multiple journeys to the edge of space.

New Shepard
The NS-30 Crew. Blue Origin

New Shepard’s 30th Mission

With this latest flight, New Shepard has now transported a total of 52 individuals into space, including several repeat astronauts. This achievement underscores Blue Origin’s commitment to expanding access to space and fostering a growing community of space travelers.

Phil Joyce, Senior Vice President of New Shepard, expressed his excitement about the diverse backgrounds of the crew, stating, “There’s nothing like seeing the diversity among our crews. This mission brought together people from all over the world—scientists, doctors, entrepreneurs, and adventurers. It’s always inspiring to hear their unique perspectives about the life-changing impact of seeing Earth from space. Huge thanks to our customers for supporting our mission to build a road to space for the benefit of Earth.”

The New Shepard program continues to resonate with those eager to experience the wonder of space travel. For those interested in joining a future mission, more information can be found here. Additionally, commemorative merchandise from today’s landmark flight is available for purchase at the Blue Origin Shop, allowing enthusiasts to own a piece of space history.

As New Shepard moves forward, it not only paves the way for future adventures but also inspires us all to dream big and reach for the stars. Stay tuned for more updates on upcoming missions and the continued journey to making space accessible for everyone.

Read the news release from Blue Origin: https://www.blueorigin.com/news/new-shepard-ns-30-mission

Watch a full replay of today’s flight below. 

The science section of our news blog STM Daily News provides readers with captivating and up-to-date information on the latest scientific discoveries, breakthroughs, and innovations across various fields. We offer engaging and accessible content, ensuring that readers with different levels of scientific knowledge can stay informed. Whether exploring advancements in medicine, astronomy, technology, or environmental sciences, our science section strives to shed light on the intriguing world of scientific exploration and its profound impact on our daily lives. From thought-provoking articles to informative interviews with experts in the field, STM Daily News Science offers a harmonious blend of factual reporting, analysis, and exploration, making it a go-to source for science enthusiasts and curious minds alike. https://stmdailynews.com/category/science/

STM Daily News is a vibrant news blog dedicated to sharing the brighter side of human experiences. Emphasizing positive, uplifting stories, the site focuses on delivering inspiring, informative, and well-researched content. With a commitment to accurate, fair, and responsible journalism, STM Daily News aims to foster a community of readers passionate about positive change and engaged in meaningful conversations. Join the movement and explore stories that celebrate the positive impacts shaping our world.

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