Trump May Have the Veto, but Congress May Have the Courts | Opinion

Republicans' failure to oppose President Donald Trump has brought the nation near to a totalitarian regime, allowing him to act freely. Democrats should now aim to restore the checks and balances of American democracy, instead of seeking revenge. President Trump retains the power to veto Democrats' attempts to balance the executive and legislative branches.

However, some Republicans might join Democrats to override vetoes and restore the rule of law. But Democrats cannot rely on this possibility, and there are enough Republican safe seats to hinder routine bipartisan efforts. It is reasonable to assume that Trump will maintain support from at least 34 senators. Democrats could attempt to recover the taxing and spending power that Trump undermined by refusing to spend appropriated funds and using tariffs to generate revenue.

Trump will likely veto these measures, along with anti-corruption legislation aimed at curbing his bribery and selling of foreign policy. Standoffs about the budget are expected, and Trump may bend at critical times, but his actions will likely be driven by his personal desires. Congress should turn to the courts for a more stable approach.

Trump's escape from much of his unconstitutional behavior stemmed from Republican-led Congresses allowing him to proceed unchecked. Some Trump victims have successfully sued him and recovered appropriated funds, but others have faced complex court rulings on who can sue, when, where, and in which court. Democrats have control over the institution, offering a different perspective for lawsuits.

Multiple lawsuits could help restore balance among the branches. Congress can file lawsuits against Trump, free of the veto dilemma. These lawsuits could declare Trump's cancellation of congressionally mandated spending illegal and must be reversed. Similarly, they could establish Congress's taxing power and Trump's abuse of tariff power as unconstitutional.

These lawsuits would not be acts of revenge, but rather efforts to restore America's democracy. By demonstrating their ability to deliver on fundamental promises, Democrats may not only gain power temporarily but also secure it for the foreseeable future. Thomas G. Moukawsher is a former Connecticut complex litigation judge and author of two forthcoming books, The Common Flaw: Needless Complexity in the Courts and 50 Ways to Reduce It and How to Sue the Government.