It's Past Time to Use to "Checks and Balances" to Stop President's Trump's Overreach
Limited-government Republicans and Schumer Democrats have failed to fulfill their duties
I explained in a recent column why President Trump lacks constitutional authority to dispatch National Guard units or military units to American cities run by his political opponents on the basis of spurious, obvious pretexts.
I also observed in another recent column that this President and his Administration apparently seek to exploit every constitutional power afforded them until they are checked. Then they back down, even if they do so with an ill-grace.
That odious practice has become dramatically worse in recent days: the President dispatched the Oregon National Guard to quell a supposed national emergency in Portland that in fact was never anything of the sort. Indeed, a judge whom Trump himself appointed ruled last week that the President lacked authority to take this measure. In his ruling, this judge memorably observed that “this is a nation of Constitutional law, not martial law.” State of Oregon v. Trump, (D. Or. 2025, Case No. 3:25-cv-01756-IM D, Doc. 56, p. 30. Oct. 4, 2025).
Undeterred, the Trump Administration today dispatched 300 members of California’s National Guard to Portland, relying in bad faith on a prior order in a different case for its authority to do so. That act is tantamount to contempt of court and should be immediately challenged on this ground, as well as all of the other grounds for opposing this President’s repeated efforts to use military forces to stifle, intimidate, and punish his political opponents and perceived enemies.
During these trying times, some of our leaders have risen to the occasion and strenuously expressed their principled opposition to the President’s errant abuse of power and clumsy attempt to impose his authoritarian rule on the United States, which despite its flaws remains the world’s oldest democracy.
Indeed, our country was established in the 1770s by British colonists who rejected the imperial rule of a despotic British King. That is our inheritance as Americans, regardless of our own origins. Let that point sink in. Think about it. Treasure it.
In response to this latest outrage, three state governors have shown their mettle, honor, resilience, and good judgment: Governors Newsom (California), Kotek (Oregon), and Pritzker (Illinois). All three distinguished themselves this weekend as undeterred champions of our Republic and system of governance.
But missing in action, as always, have been limited-government Republicans and establishment Democrats in the U.S. Congress. That is a disgrace and confirms yet again their indefensible lack of backbone. If they had been running the colonies in the 1770s, we would likely still be an ill-treated province of the United Kingdom.
I personally and immediately call upon Senator Chuck Schumer to resign now. Has there ever been such an inaudible, unpersuasive opposition leader in the history of democratic governments? Congressman Jeffries is little better and should likewise step down.
More broadly, the Democrats at the national level should cease alienating more than half of the US public with their divisive policies on education, race, and sexuality and finally exercise their constitutional powers to check this errant President, who likely does not even grasp how he has transgressed not only our best traditions, but our laws too.
More important still, it is long past time for a third party to form and emerge to check abuses of power and bad policy, no matter what the source.
I also say the following to those of you who might be puzzled that I would write the above piece and several others like it, even while praising Trump’s peace plan for Gaza and his unexpected, overdue, and very welcome support of Ukraine: I am not dogmatic, but instead consider ideas and polices according to their merits. In other words, I can walk and chew bubble-gum at the same time, even if the very thought of chewing bubble gum sends a shiver of distaste up my spine.
William Markham, October 5, 2025