ChrisWeigant.com

Constitutional Questions Matter

[ Posted Tuesday, April 22nd, 2025 – 15:53 UTC ]

There's a new poll out from the Annenberg Public Policy Center at the University of Pennsylvania which has some interesting data -- interesting both for what the data says about American public opinion as well as interesting because of the specific questions that were asked. Most public opinion surveys limit themselves to a few key indicators (presidential job approval being the biggest one), but this poll seemed designed to address some pertinent current issues in much more depth.

The poll did ask a few standard questions, such as the standard choice between believing the country is on the right track or wrong track (60 percent chose "seriously off on the wrong track," while only 40 percent chose "generally going in the right direction"), but the more interesting questions had to do with the courts and the balance of power between the branches of our government -- not exactly standard polling topics.

The public overwhelmingly (84 percent) thinks the courts have a vital role in our system of government, which includes 86 percent of Democrats, 83 percent of Republicans, and 81 percent of Independents. That's a pretty strong showing.

Much more pertinent to what is going on right now, two-thirds of the public (66 percent) "disagree with the statement that the president should be able to ignore court decisions he believes intrude on his constitutional authority." Only 16 percent agreed with that statement (including only 27 percent of Republicans).

But the real stunner was the response to a question that drilled in even further, presenting an extreme case. Here is how the question was presented: "Suppose that the Supreme Court issues a ruling that the president disagrees with because he believes that the ruling would prevent him from protecting the country against terrorist attacks. Should the president follow the ruling or ignore the ruling?" A whopping 69 percent said the president should follow the ruling. When asked a more generic follow-up question ("What is supposed to happen in our system of government?"), the percentage got even higher: 76 percent said the president is supposed to follow the ruling. This is despite the Supreme Court continuing to get low marks for trustworthiness.

There's a political discussion going on in the Democratic Party right now as to the most effective way to resist Donald Trump. Some are pushing back hard on Trump assuming the power to send anyone he wants to a foreign prison for an indefinite incarceration with absolutely zero due process -- no judge gets to hear their case, no "day in court" is provided, no access to legal counsel, nothing. Others (notably California Governor Gavin Newsom) call the whole issue a "distraction" and say Democrats should press Trump hard on his obvious failures on the economy. But there's really no reason both can't happen simultaneously -- it's all a matter of emphasis for each Democrat, really.

The argument is that Trump is still above water in polling on immigration, and well below water on the issues of the economy and inflation, so why not hit him where he is weakest? But this ignores the fact that political leaders don't have to just follow public opinion -- sometimes they can actively change people's opinions.

Last month, Trump was polling strongly on the immigration issue, pulling in multiple polls that showed him eight or twelve points above water. This month, those numbers have softened. The last two polls show him either tied or only two points above water. That's a noticeable shift, and if that trend continues it won't be long before Trump's average is underwater (one poll from two weeks ago, Quinnipiac, already put Trump five points down on the issue).

On the economy, Trump's numbers are pretty dismal -- even though fixing the economy and inflation was a huge issue for Trump in the election. Since that point, his numbers have tanked. On the economy, his average is 11.5 points below water (42.8 percent approval to 54.3 percent disapproval). On inflation they're even worse -- only 41.1 percent approve, while a whopping 56.8 percent disapprove, a gap of 15.7 points. That's an amazing turnaround, considering the issue helped get him elected not too long ago. What's more, people directly blame Trump for the state of things, rather than (as sometimes happens with new presidents) still mostly blaming his predecessor. It's pretty obvious that Trump is the one responsible for the huge drop in the stock market and the absolute chaos on tariffs, to put this another way.

Trump is indeed vulnerable on the economy and inflation, and Democrats should point it out every chance they get. But the public doesn't really need to be informed about this -- they already see it in their retirement accounts, and people are already preparing for huge price hikes on all sorts of things (cars, especially). The widespread feeling is that a recession is imminent (if we're not already in one). Consumer sentiment is way down -- people expect to see inflation rise, as more and more businesses adjust their prices to the new tariff regime. So all Democrats really need to do is remind the public about the issue, really.

The growing standoff between Trump and the courts, however, requires leadership from Democrats, who need to educate the public about what is really going on here and what it all means. Trump still hasn't quite crossed the Rubicon of ignoring direct orders from the Supreme Court (or any other court), but he's getting mighty close. And it could be his biggest vulnerability yet.

The American public doesn't want to see a president defy the courts -- that new poll makes this pretty obvious. If Trump does so, he should expect a massive amount of blowback in public opinion. In fact, this even might cause Republicans in Congress to break with him and condemn their own party's president for defying the rule of law in such a fashion (no guarantees, but hey, anything's possible, right?).

The public (7 out of 10 of them) thinks presidents should obey the courts even in the extreme case of preventing a terrorist attack. Defying a court for anything short of that would likely be even more unpopular. During the presidential campaign, the public agreed that immigration was out of control. Now, however, they're being asked how they feel about actual cases of actual human beings. And their feelings are a lot more nuanced than Trump's.

So while I do understand why Gavin Newsom made the point that he did (that immigration was a "distraction" for Democrats), I do not agree that Democrats are only capable of focusing on one political issue at a time. So far, it appears that the public is already showing less support for Trump's methods in dealing with deportation than they did just a month or two ago. And the more they hear about how constitutional rights are being ignored or trampled, the more the public seems to be souring on Trump's tactics. Democrats are actually showing some leadership on the issue and putting it front and center in the political discussion. Congress is off for a few weeks, so there won't be any legislative news for a while. For the time being, Democrats should continue to hit Trump on the economy and inflation, but that doesn't mean they can't also make the case for constitutional rights. Undercutting Trump's approval on that will make him even weaker, going forward. Which, obviously, makes it a worthwhile thing for Democrats to do.

-- Chris Weigant

 

Follow Chris on Twitter: @ChrisWeigant

 

20 Comments on “Constitutional Questions Matter”

  1. [1] 
    nypoet22 wrote:

    Gavin Newsom is trying to be the next president, and i am less than thrilled with how he's going about it.

  2. [2] 
    John M from Ct. wrote:

    Of all the debate here about whether Democrats should criticize the Republican administration on the economy or its defiance of the rule of law, I like this line the best:

    "But there's really no reason both can't happen simultaneously -- it's all a matter of emphasis for each Democrat, really."

    Right. What's the choice? Why not attack both simultaneously? More gut instinct on the economic front, which consumers get without any help. More instruction and rhetoric on the defiance of court orders and destruction of civil liberties, because it's a little more theoretical.

    But both are possible simultaneously, if done correctly. And that's the rub. Do the Democrats have the talent in mass communication to get both of these critical approaches into the voting public's heads?

    I admit I'm just not sure that they do.

  3. [3] 
    Kick wrote:

    The public overwhelmingly (84 percent) thinks the courts have a vital role in our system of government, which includes 86 percent of Democrats, 83 percent of Republicans, and 81 percent of Independents. That's a pretty strong showing.

    Wow! Those numbers are fairly phenomenal in these historical times of political polarization in which we're now living. Cue the right-wingnut cries of "fake news" (or whatever).

    Others (notably California Governor Gavin Newsom) call the whole issue a "distraction" and say Democrats should press Trump hard on his obvious failures on the economy.

    Wait... what? Since when are the constitutionally mandated rights of "We the People" a "distraction"? Is the governor/wannabe POTUS incapable of doing both?

    It seems obvious to me that this isn't a choice that any candidate capable of explaining things couldn't easily handle. See, e.g., Pete Buttigieg.

    But there's really no reason both can't happen simultaneously -- it's all a matter of emphasis for each Democrat, really.

    This. :)

    But the public doesn't really need to be informed about this -- they already see it in their retirement accounts, and people are already preparing for huge price hikes on all sorts of things (cars, especially).

    I'm not entirely certain the public is fully aware of what is about to occur regarding the tariff war issue, but they will be (unless something drastically changes). Americans can avoid a certain amount of "pain" by simply not buying unnecessary items, but when the price of vehicles (and the parts to repair them not made in America) rises drastically, so will the cost of everyone's insurance. And so many other things that are already beginning to occur.

    Bashi had a really good post recently about this beginning to start rolling.

    Buckle up. We're beginning to now see financial numbers that we haven't seen since the 1920s. Trump keeps claiming no one but him would do this, but he's wrong; Herbert Hoover did this but those tariffs were (mostly) on agriculture and manufacturing. Trump's tariffs are based on a fake formula and target ALL major exporters to the U.S., including the penguins and various assorted other places who export nothing.

  4. [4] 
    Kick wrote:

    John M from Ct.
    2

    But both are possible simultaneously, if done correctly. And that's the rub. Do the Democrats have the talent in mass communication to get both of these critical approaches into the voting public's heads?

    The good news is that Trump isn't on the ballot in the midterms, and he's a constitutionally Lame Duck Donald in 3-2-1. As the tariffs wars ensue, at what point might some of them be running from Trump? Should get interesting.

  5. [5] 
    Michale wrote:

    There's a new poll out from the Annenberg Public Policy Center at the University of Pennsylvania which has some interesting data

    Annenberg the group are the hysterical leftist progressive group that runs FactCheck.org..

    Their Left Wing/Progressive bias and there Trump/America hate are well documented..

    So it's logical to assess that anything thing they put out is nothing more than a brain dead progressive talking point and not worth putting any faith in..

    But, since it says what progressives want to hear, of course they (the progressives) will lap it up...

    Just sayin'... :D

    But if you REALLY want to put your faith in polls, a new Gallup poll has some actual pretty shocking news..

    The fact that Gallup ALSO has a brain dead progressive bent which makes this poll all the more shocking..

    Gallup polled ONLY Democrats and asked how confident Democrats are in their Democrat Party leadership..

    TWENTY FIVE PERCENT!!

    ONLY 25% of Democrats have confidence in their Party leaders..

    Now THAT is some interesting data, eh?? :D

    The growing standoff between Trump and the courts, however, requires leadership from Democrats, who need to educate the public about what is really going on here and what it all means.

    So, where is this so-called "leadership" you speak of??? Oh, yes.. They are lost in the wilderness...

    Trump still hasn't quite crossed the Rubicon of ignoring direct orders from the Supreme Court (or any other court), but he's getting mighty close. And it could be his biggest vulnerability yet.

    How can it be his biggest vulnerability if he hasn't done anything like that yet??

    The public (7 out of 10 of them) thinks presidents should obey the courts even in the extreme case of preventing a terrorist attack.

    Democrats think presidents should obey the courts even in the extreme case of preventing a terrorist attack.

    There.. Fixed it for you.. You are quite welcome.. I am here to help.. :D

    I do not agree that Democrats are only capable of focusing on one political issue at a time.

    The FACTS clearly show that Democrats are incapable of focusing on ANY issue except for their Trump/America hate..

    Again, just sayin'...

    Democrats are actually showing some leadership on the issue and putting it front and center in the political discussion.

    According to Gallup, only 25% of Democrats actually believe that Democrats are showing ANY kind of leadership..

    Incidentally, that low low confidence level is the lowest it's ever been.

  6. [6] 
    Michale wrote:

    Speaking of polls AND leadership... Here is what Democrat water carrier CNN is saying...

    PRESIDENT Trump is delivering a masterclass in leadership, earning widespread acclaim for his bold immigration policies that resonate deeply with the American people.

    CNN’s Harry Enten reports a stunning 56% of voters now support deporting all 11 million illegal immigrants, a sharp rise from 38% in 2016, reflecting a seismic shift toward Trump’s vision.

    Get that?? A MAJORITY of Americans support deporting ALL ILLEGAL IMMIGRANT CRIMINALS from the United States..

    I guess that's why PRESIDENT Trump won the Popular Vote, eh? :D

    PRESIDENT Trump's net approval rating on immigration stands at a positive +1, a stark contrast to the -12 of his first term, with 45% of Americans saying the country is on the right track—up from a mere 14% under Biden in December 2024. This is no fluke; it’s a testament to PRESIDENT Trump’s unwavering commitment to securing the border and restoring order.

    It's clear that Basement Biden and the brain dead Democrats peddled a false narrative, claiming Congressional inaction tied their hands, while illegal crossings soared to 250,000 monthly arrests.

    PRESIDENT Trump obliterated that excuse, slashing encounters to 7,000 by March 2025, the lowest since the 1960s, through executive actions like deploying troops and scrapping Biden’s CBP One program.

    The contrast is simply undeniable...

    Basement Biden’s failures fueled chaos, while PRESIDENT Trump’s resolve brought results.

    CNN's Enten’s data shows Americans reject the brain dead progressive Democrats’ open-border lies, embracing PRESIDENT Trump’s dedportation policies with a majority of American voters now seeing progress where Basement Biden gave those same American voters nothing but despair.

    Congratulations are due to PRESIDENT Trump, for proving the brain dead progressive Democrats wrong and leading with courage that puts America first.

  7. [7] 
    Michale wrote:

    @JMCT

    Do the Democrats have the talent in mass communication to get both of these critical approaches into the voting public's heads?

    I admit I'm just not sure that they do.

    You are not alone.. Only 25% of Democrats actually have any faith in the Democrat so-called "leadership"...

  8. [8] 
    nypoet22 wrote:

    yes, we're all disappointed in democratic leadership. they suck.

    but back to the dumpster fire that has thus far been Donald's second administration. CW's column is on constitutional questions, and those are certainly AMONG the issues that any opposition party worth its salt would want to focus on. however, by my count there are at least FOUR major categories of problems that Don Gill, Deputy Fuhrer mELakON and the rest of the Ekosian regime have created in their first three months:
    1. Economic mayhem
    2. Violating the Constitutional order
    3. Destroying the US's global standing
    4. Destroying the US government's ability to serve its constituents.

    there are a number of subgroups flooding the zone, but i think most of the issues Don Gill, mELakON and their team have created break down into one of those four. on the off-chance that dems can figure out how to hit the broad side of a barn, it's a target rich environment,.

    JL

  9. [9] 
    John From Censornati wrote:

    It's astonishing just how fast the financial markets have rallied based on transparent lies from the orange ignoramus.

    Last week, Fat Donny called the fed chairman that he appointed a childish name and a major loser and said "If I want him out, he'll be out of there real fast, believe me, I'm not happy with him." and “Powell’s termination cannot come fast enough!

    The markets assumed that Felon47 would follow through on yet another illegal act and sank dramatically. The orange one blinked and now he's Powell's bitch. "I have no intention to fire him."

    The orange one lies sometimes, so nobody should believe anything he says about anything much less make financial decisions based on his dementia. We should expect some other wealth-destroying contradictory statement any time now.

  10. [10] 
    Michale wrote:

    JL,

    yes, we're all disappointed in democratic leadership. they suck.

    OK.. So we ALL agree that your Democrat leadership sucks and has ZERO credibility...

    Common ground. It's a wonderful thing. More on that later.

    Speaking of credibility...

    by my count there are at least FOUR major categories of problems that Don Gill, Deputy Fuhrer mELakON and the rest of the Ekosian regime have created in their first three months:

    You lose ALL of yours when you push this utterly preposterous analogy..

    Musk is a glorified forensic account. He has not fired a SINGLE employee, nor has he cut a SINGLE budget... The idea that Musk is Melakon is completely utterly ridiculous..

    Not as ridiculous as PRESIDENT Trump being a Professor John Gill.. :eyeroll:

    Your analogy falls apart on SO many factual levels.. I realize you keep up this charade of a valid analogy because you think it annoys me..

    But all yer doing is totally destroying your credibility plus showing your complete and utter ignorance of what STAR TREK is all about...

    I am also constrained to point out that, up until a few years ago, you and your brain dead woke progressive Democrats LOVED Elon Musk.. Hell, they actually made him part of STAR TREK Canon on STD...

    Fortunately, TPTB took ALL of STD **OUT** of STAR TREK Canon.. But it still proves that brain dead woke progressive Democrats loved Musk until just a short time ago..

    1. Economic mayhem
    2. Violating the Constitutional order
    3. Destroying the US's global standing
    4. Destroying the US government's ability to serve its constituents.

    Yes... That is what your brain dead woke progressive Democrat so-called "leadership" is telling you what to think about PRESIDENT Trump's awesome 2nd term..

    But, as has been established and agreed by EVERYONE here... Your brain dead woke progressive Democrat so-called "leadership" sucks and has zero credibility...

    So, once again, your faith in that sucky leadership simply damages your own credibility..

    QED

    SILENCE GIVES ASSENT...
    -Weigantian Russ

  11. [11] 
    Kick wrote:

    nypoet22
    8

    yes, we're all disappointed in democratic leadership. they suck.

    Nope, not all of us; I'm optimistic and hopeful and not quite there (yet), but it's no secret we've discussed they definitely need some upgrading:

    [4] Kick wrote:

    nypoet22
    3

    Senator Booker made a pretty historic speech. perhaps an audition for leadership?

    Exactly what I was thinking. Step aside, Chuck and Dick.

    [ Permalink ] [ Tuesday, April 1st, 2025 at 20:39 ]

    *
    So Dick Durbin is stepping aside. Interesting.

    but back to the dumpster fire that has thus far been Donald's second administration.

    We definitely all agree on that.

    CW's column is on constitutional questions, and those are certainly AMONG the issues that any opposition party worth its salt would want to focus on. however, by my count there are at least FOUR major categories of problems that Don Gill, Deputy Fuhrer mELakON and the rest of the Ekosian regime have created in their first three months:
    1. Economic mayhem
    2. Violating the Constitutional order
    3. Destroying the US's global standing
    4. Destroying the US government's ability to serve its constituents.

    Dead-on accurate, perfect list.

    Drilling Down:

    * 1: The absolute asinine politicization of the federal reserve and Trump's pathetic simpering and whining (audibly and in writing) about the issue as though Biden appointed Powell. *laughs* He cannot stop himself from looking for a scapegoat for a recession that he is now predicting. There's more, but that'll do for starters.

    * 2: Drilling down would take the rest of the afternoon so... PASS. :)

    * 3: The soft power that costs the taxpayers less than 1% and provides a return that far exceeds the outlay is now total FUBAR.

    * 4: Check out the State Department recommendations. They're attempting to balance the budget on the backs of dead Americans, some of the effects which will not be felt until later.

    there are a number of subgroups flooding the zone, but i think most of the issues Don Gill, mELakON and their team have created break down into one of those four.

    Exactly. Here's hoping there isn't a fifth.

    on the off-chance that dems can figure out how to hit the broad side of a barn, it's a target rich environment,.

    Step aside, Chuck. :)

  12. [12] 
    Kick wrote:

    John From Censornati
    9

    Last week, Fat Donny called the fed chairman that he appointed a childish name and a major loser and said "If I want him out, he'll be out of there real fast, believe me, I'm not happy with him." and “Powell’s termination cannot come fast enough!”

    Exactly this... and put it in writing too along with his own Trumpian prediction that a recession was coming, compliments J Powell. *laughs*

    The markets assumed that Felon47 would follow through on yet another illegal act and sank dramatically. The orange one blinked and now he's Powell's bitch. "I have no intention to fire him."

    "Blinked". Heh. Exactly. Bret Stephens called it "face-planting."

    When the president completed his extraordinary political comeback in November, he was at the summit of his political power. He has eroded it every day since. With Matt Gaetz as his first choice for attorney general. With the needlessly bruising confirmation fights over the absurd choices of Hegseth, Robert Kennedy Jr., Kash Patel and Tulsi Gabbard. With making an enemy of Canada. With JD Vance’s grotesque outreach to the German far right. With the Oval Office abuse of Volodymyr Zelensky. With the helter-skelter tariff regime. With threats of conquest that antagonize historic allies for no plausible benefit. With dubious arrests and lawless deportations that can make heroes of unsympathetic individuals. And now with threats to the basic economic order that sent gold soaring to a record high of $3,500 an ounce and the Dow on track to its worst April since the late Hoover administration.

    https://www.nytimes.com/2025/04/22/opinion/trump-hegseth-powell.html?unlocked_article_code=1.B08.bgb_.M0RL9iogXu8l&smid=url-share

    The orange one lies sometimes, so nobody should believe anything he says about anything much less make financial decisions based on his dementia.

    And he has no plan and has done permanent damage. If you were a corporation overseas, would you spend billions of dollars to return to the utter chaos that Trump has always represented? And what kind of moron thought those kind of global investments and relocation decisions happened on a dime? The trust in America is faltering and flat-lining.

  13. [13] 
    nypoet22 wrote:

    @kick,
    hmmm, interesting take, thank you. i would say on deep dive that most actions could potentially go in at least two categories. for example, the tariff-go-round fits with both 1 and 3, defense department chaos could go in 3 or 4, cuts at ssa and irs go in 4 and 1, and so forth.

    @m,
    my patterns of force analogy has nothing to do with you, and if you didn't exist, I'd still use it. that's because it fits a whole lot better than you'd ever admit. while no real life person could ever be a perfect match for television characters from sixty years ago on a fictional other planet, Donald and mELakON come closer than any other two real life humans possibly could.

  14. [14] 
    Kick wrote:

    nypoet22
    13

    hmmm, interesting take, thank you. i would say on deep dive that most actions could potentially go in at least two categories. for example, the tariff-go-round fits with both 1 and 3, defense department chaos could go in 3 or 4, cuts at ssa and irs go in 4 and 1, and so forth.

    I was actually noticing the exact same thing when I was pondering on it... how it's all so interconnected like the legs of a table... start jerking around on one leg and it's going to affect the others, and then before you know it, all manner of hell breaks loose, and your pie falls on the dang floor. Not bloody acceptable! :)

  15. [15] 
    nypoet22 wrote:

    exactly! such abuse of pie CANNOT go unanswered.

  16. [16] 
    Chris Weigant wrote:

    nypoet22 [1] -

    Yeah, you and me both. I was behind him, up until the election, personally, but since then he's gotten awfully weird...

    -CW

  17. [17] 
    Chris Weigant wrote:

    John M from Ct [2] -

    Well, I envision it as more some Dems will focus on the economy while others will focus on the Constitution. Both will compliment each other.

    (insert "walking/chewing gum" metaphor, at will...)

    :-)

    -CW

  18. [18] 
    Chris Weigant wrote:

    nypoet [8] -

    That's a pretty good list. I'd add (5) Vengeance and weaponization of the Justice Department against perceived political "enemies", though...

    Just sayin'... there's probably other categories too...

    -CW

  19. [19] 
    nypoet22 wrote:

    @CW,

    good point. perhaps i'd broaden that category to "wasting resources" - or if we really want to hoist the administration by its own petard, we could go a little broader and call it "waste, fraud, and abuse"

    ;)
    JL

  20. [20] 
    Kick wrote:

    Chris Weigant
    18

    I'd add (5) Vengeance and weaponization of the Justice Department against perceived political "enemies", though...

    A legitimate fifth... dang.

    Just to name a few examples: Trump has literally written Executive Orders that require the Justice Department to investigate named individuals:

    * Miles Taylor
    * Christopher Krebs

    Is there another time in history wherein a POTUS has given written orders directing the Department of Justice to investigate persons in his own administration including his very own chosen appointee? Trump orders the investigation into his own administration for what Trump referred to as treason... because books were written and words were spoken.

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