Liberals are understandably panicked about what Donald Trump can carry out. “We have a president-elect with authoritarian tendencies assuming a presidency that has never been more powerful,” Franklin Foer wrote this past week in Slate. Trump will command not only a massive nuclear arsenal and the most robust military in history, but also the ability to wage numerous wars in secret and without congressional authorization; a ubiquitous system of electronic surveillance that can reach most forms of human communication and activity; and countless methods for shielding himself from judicial accountability, congressional oversight and the rule of law — exactly what the Constitution was created to prevent. Trump assumes the presidency “at the peak of its imperial powers,” as Foer put it.
Sen. Barack Obama certainly saw it that way when he first ran for president in 2008. Limiting executive-power abuses and protecting civil liberties were central themes of his campaign. The former law professor repeatedly railed against the Bush-Cheney template of vesting the president with unchecked authorities in the name of fighting terrorism or achieving other policy objectives. “This administration also puts forward a false choice between the liberties we cherish and the security we provide,” he said in 2007. Listing an array of controversial Bush-Cheney policies, from warrantless domestic surveillance to due-process-free investigations and imprisonment, he vowed: “We will again set an example for the world that the law is not subject to the whims of stubborn rulers.”