The Greenfield Report with Henry R. Greenfield
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The Greenfield Report with Henry R. Greenfield
Episode 6- The Growing Constitutional Crisis in the United States.
America stands at a constitutional precipice, and Henry Greenfield's latest commentary offers a stark, urgent analysis of what's at stake. As Donald Trump's self-proclaimed "golden age" unfolds, a dangerous pattern has emerged—one where judicial authority faces unprecedented challenges from the executive branch.
Greenfield meticulously dissects Trump's strategy: target universally despised groups, frame judges as defenders of criminals rather than the Constitution, attack even Republican-appointed judges as "rogue" or "radical," and gradually convince Americans that presidential authority should supersede judicial oversight. This playbook mirrors authoritarian tactics seen globally, from Hungary to Russia, where strongmen gradually dismantle democratic guardrails while waving the flag of patriotism.
What makes this moment particularly perilous is how it builds upon decades of careful conservative court-stacking. With a 6-3 Supreme Court majority and the systematic dismantling of reproductive and civil rights protections already accomplished, Trump now pushes toward the ultimate goal—positioning the executive as the supreme arbiter of what's constitutional. Meanwhile, Republicans in Congress have pledged complete fealty to Trump, abandoning their constitutional duty as a check on executive power.
The judiciary remains the last line of defense, but even there, Trump's influence grows. As Greenfield warns, "Soon we will be looking back on these times as the good times before Trump became totally unassailable." Constitutional experts from across the political spectrum are sounding alarms, recognizing this isn't about left versus right, but about the survival of the American republic itself.
Concerned about democracy's future? Subscribe to The Greenfield Report for expert analysis that cuts through partisan noise and focuses on the fundamental constitutional principles that have sustained American democracy for nearly 250 years.
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Speaker 2:This is Henry R Greenfield, with the Greenfield Report and a special commentary on the growing constitutional crisis in the United States. Events are moving so rapidly, yet predictably, in the Trump 2.0 golden age, as he has termed it, that limiting the Greenfield Report to twice-weekly longer segments needs to be augmented with occasional commentaries that focus on a specific issue. Today, we would like to ask the question what is the budding constitutional crisis in the United States? Is it real, does it matter, and what, if anything, is being done about it? Us constitutional experts are loathe to get involved in any type of partisan politics. Typically, they argue what, to the layman, would be considered arcane, difficult to understand, arguments where some type of principle is involved, which can then be extrapolated to a larger conclusion and thus change the direction of how the Constitution is interpreted and, by extension, the rights of the Americans and their way of life. I can see I may have lost you already which, to be honest, is also being lost in the latest Trump manufactured crisis. This is surrounding federal judges who he feels are restricting him and his executive powers which, as predicted, are growing by the day. Just to remind our listeners, especially Trump supporters, the US Constitution provides for three repeat, three co-equal branches of government the executive, that's Trump Congress, which means the House and the Senate. And the judiciary, where the ultimate arbiter of the Constitution and all rights is the Supreme Court.
Speaker 2:Regardless of what Trump or Project 2025 or the right would allege, the US court system is a well-run, well-ordered, step-by-step process with many levels of appeal. As one constitutional expert put it, if you don't like the judgment against you, you can always appeal up to the Supreme Court. If they will hear it. If not, then the lower court ruling stands. Simple, right.
Speaker 2:The most important thing you need to know about Donald Trump and those on the right is in combination. They are relentless. Trump and those on the right is in combination. They are relentless, lethal and effective. They are also transparent. They know that the way to move the country to the right is through the court system, not just through the executive or legislation or even the agencies that they want to get rid of through Doge. Thus, 40 years of pushing to get a strong, consistently conservative Supreme Court has worked to perfection and they now have a supermajority of 6-3, as the liberals are far outclassed and outnumbered in every way before constitutionally protected reproductive and abortion rights, which were thrown out after 40 years, similarly gutting civil rights step by step to where there is practically nothing left. Citizens united, giving corporations the rights of a person and unlimited money flooding into the US elections, distorting and making them almost unimaginable in any other democratic country in the world, while the list is endless. It is what Trump is doing now essentially making the executive the sole arbiter of what can be done or not done is the ultimate step in the denigration and the loss of rights for Americans.
Speaker 2:Always using words like freedom or rogue justices or radical leftists and getting on talk shows has worked incredibly well for Trump over the past 40 years. The playbook is simple just keep on pushing it and eventually, what initially seemed to be outrageous becomes, in the end, the norm. This is now the case with federally appointed judges, and Trump not only is ignoring what they rule, but then, of course, saying he has not ignored them, but continues, in fact, to ignore them. To make this work, to get it by the average American, you need to choose, of course, a group that everyone despises and that no one can really defend, in this case, the so-called criminal gangs that Biden led in to ravage the country, as Trump puts it and you already have a vast majority of Americans agreeing with Trump that these alleged though not charged, arrested or convicted have no rights. Then you can obscure the fact that Trump will not comply with simple orders by a respected, long-term Republican-appointed judge asking for information or discovery, with Trump and his minions ranting about criminals and murders happening every day in the street. Does this sound like what you used to hear about black men 50 or 60 years ago, which then led to some of the most egregious lynchings and abrogation of rights in US history? In fact, this is a typical right-wing fascist move that you can find in many countries. It is done every day by Orban in Hungary or Putin in Russia or in any one of a dozen countries around the world.
Speaker 2:To get people to accept losing their rights, you need to make it appear that the judges are defending criminals. Then you attack the judge, no matter how unpartisan they are, no matter their track record in this case of supporting Trump in the past. Now they are not only rogue, but they must be impeached. Send out the usual suspects like JD Vance calling them junior judges when in this instance, it is the most senior, respected chief judge in the Washington DC Judicial District. What is the purpose of all this.
Speaker 2:Step by step, trump advances his agenda, as well as that of Project 2025, that he is above the law, that only he can decide what is legal or not legal, or even if he has to bother with legalisms at all. At the same time, declare he is the expert over everyone in what is legal, because, you see, he's been sued so many times. In short, attack the judge, attack the system, everything. Everyone is against Trump and the people. The deep state is trying to get him, as only Trump represents what is right and anyone who opposes him is against America. Drum roll, wave the flag, god bless the USA. As this plays out, every network, even Fox, is asking for some reflection before this goes too far. Rupert Murdoch, you see, in the end doesn't want his boy, trump, to be telling him what to do. All of the oligarchs, from Musk to Murdoch, to the techno monarchists who are having a field day making billions off of Trump, want Trump to keep going. But remember that they, not Trump, are in charge In the end.
Speaker 2:As I have noted so many times on Quora, the only losers in this charade are the American people, not just transgenders or any other identity politics group. Just today, the Department of Defense took down a tribute to American veteran Jackie Robinson, who broke the race barrier in baseball which ruled the country at that time. Others, like the Tuskegee Airmen tribute, or even the Navajo Codebreakers, all came down until a firestorm forced Pete Hegseth to put them back up. You see, they were all listed as DEI, which is now banned. On and on it goes. The assault is daily, hourly. Computers, they now say, are making these decisions, not even humans, meaning you can be eliminated without even knowing it, with no recourse. Meaning you can be eliminated without even knowing it, with no recourse.
Speaker 2:While AI is creeping into daily use to remove your rights, donald Trump is moving on removing the last barriers of legal process and guardrails. Can anyone stop him? Not even Chief Justice Roberts, who gave Trump his immunity for official acts, seems to be able to slow Trump down. What chance do you have as a mayor citizen? This is the question that every American should be asking themselves as Trump expands his control over your life like a praying mantis, slowly, now more quickly, sucking away your rights and any controls on him. Soon we will be looking back on these times as the good times before Trump became totally unassailable.
Speaker 2:The courts are the last line of defense, as the Democrats, unfortunately, are spending more time arguing with themselves and are completely ineffective. When you see constitutional law experts from dozens of law schools asking to be on any program they can get to explain the danger of what Trump is doing, then you should know that this is not a left or right questions. It is more about the future of the US as a republic, with checks and balances and, yes, those three parts of the system. Republicans in Congress and the Senate have already pledged their complete fealty to Trump. That's two out of three. It only leaves the courts to defend what is left.
Speaker 2:As I noted on Quora, fortunately the US federal judges comprise some of the brightest and most experienced and well-versed in US history and most experienced and well-versed in US history. Be thankful they are there to protect you. For now, it is all you have left. The moment they begin to waver and Trump already owns four on the Supreme Court, which means that Roberts has to get Amy Coney Barrett on his side every time just to slow down Trump, you will know it is the beginning of the end of your rights. This is Henry R Greenfield for the Greenfield Report.
Speaker 1:Thank you for joining us on the Greenfield Report with Henry R Greenfield. We hope today's insights into the ever-shifting geopolitical landscape have sparked your curiosity and broadened your perspective. Stay connected with us for more in-depth discussions and expert solutions. Until next time, keep exploring the world beyond the headlines.