Skip to content
Search

Latest Stories

Top Stories

Where is Ted Cruz When American Democracy Needs Him?

Where is Ted Cruz When American Democracy Needs Him?

Senator Ted Cruz.

Sergio Flores/Getty Images

The president is ignoring the law when he isn’t intentionally violating it. He is dissolving federal agencies created by Congress and impounding funds even though that is clearly prohibited. He is governing by issuing executive orders and even claims the power to roll back birthright citizenship, ignoring the Constitution itself.

All of this and an unelected oligarch given free rein by the president to ransack government departments and threaten civil servants. If Americans weren’t living it, it would be hard to believe that this could be happening in a nation founded on principles of limited government, separation of powers, and checks and balances.


We need a champion of constitutional government, someone who calls themselves a “constitutionalist” and has spoken and written powerfully in defense of the separation of powers and in opposition to the “imperial presidency.”

I nominate Republican Senator Ted Cruz. American democracy needs him.

Before explaining why I am turning to Senator Cruz, let me note that today, Republicans in Congress are mostly ignoring what President Trump is doing or writing it off as just the sort of thing presidents should do. Take House Speaker Mike Johnson.

As an article in The Independent notes, “In a press briefing at the Capitol on Wednesday night, Johnson was quizzed on how DOGE, an advisory body tasked with cutting programs and slashing federal spending, and its unelected leader have assumed powers supposed to be reserved to Congress.”

“Is there an inconsistency,” he was asked, “by Republicans on one hand, where we’ve heard for years now, ‘All we want is to not have unelected bureaucrats in charge of things downtown,’ and yet ceding Article I powers to the executive branch under Elon Musk?”

“No,” Johnson replied. The Speaker went on to explain, “You know me. I’m a fierce advocate and defender of Article I.”

But, instead of defending the prerogatives of Congress to appropriate funds and establish or close federal agencies, Johnson turned his fire to the media.

“There’s a gross overreaction in the media to what is happening.” Then, Johnson mischaracterized and minimized the gravity of what President Trump and Elon Musk are doing.

“The executive branch of government in our system has the right to evaluate how executive branch agencies are operating and to ensure that not only the intent of Congress in funding mechanisms but also the stewardship of precious American taxpayer dollars is being handled well.”

Evaluating is one thing. Taking unilateral action is another.

Exercising stewardship of tax dollars is one thing. Refusing to use them for the purposes for which they were appropriated is another.

Recall that when fifty years ago, Caspar Weinberger, former President Nixon’s deputy director of the Office of Management and Budget, told Congress that “The Constitution empowered the president to decide whether to spend money.” It precipitated what one commentator rightly called “a constitutional crisis, since the Constitution gives Congress the power of the purse.”

Congress responded by passing the 1974 Congressional Budget and Impoundment Control Act. They thought “they had fixed the nation’s pocketbook, starting by limiting the power of Nixon to disrupt it.”

Unlike Speaker Johnson, Carl Albert, who was Speaker during the impoundment crisis, said that Nixon had crossed a red line. Impoundments, he said, “Strike at the very heart of Congress’ power of the purse, jeopardizing the explicit constitutional right of Congress to appropriate monies.”

Citing the American Founders, Albert explained, "Control over spending is the birthright of an independent and responsible legislature. This birthright traces its lineage back to the determination of the nation's Founders to take away the power of the purse from the Royal Governors of the colonies and vest it in their own legislative representatives.”

“Take away this power,” Albert concluded, “and Congress is nothing more than a debating society.”

Many have already written about Congressional acquiescence in the present moment and the threat it poses to constitutional democracy. As the AP reports, “Congress is proving little match for DOGE as wary lawmakers watch it march through the bureaucracy.” The AP quotes Republican Sen. Kevin Cramer of North Dakota who acknowledged that “DOGE provides ‘cover’ for some Republicans who want to cut federal funds when Congress has failed to do so.”

Those who are now criticizing the Trump Administration and Congress’ inaction, frequently refer to the eloquent defenses that the American Founders, like James Madison, offered of the Constitutional design and the separation of powers. It is always bracing to be reminded of what they had to say about liberty and despotism.

Perhaps, we don’t have to go back two hundred years for inspiration. Perhaps, we can draw on the wisdom of a modern-day James Madison.

That brings me back to Senator Cruz. Not today’s Ted Cruz, who rose to the defense of Trump/Musk just yesterday and denounced what he called “hysterical, doomsday scenarios” about the collapse of constitutional government, but the 2015 version.

Recall that back then, Barack Obama was in the White House. Back then, Senator Cruz published a piece entitled “The Imperial Obama Presidency and the Demise of Checks and Balances.”

Back then, he sounded much more Madisonian than he does today. Back then, the senator was quite comfortable with hysteria and doomsday scenarios.

He warned apocalyptically, "Under President Obama, America has witnessed an unprecedented expansion of presidential power. This is not merely the observation of political opponents.” Cruz quoted approvingly Professor Jonathan Turley who said, “What’s emerging is an imperial presidency, an über-presidency . . . where the President can act unilaterally.”

Cruz called the president to task, saying Obama has “too often resorted to unilateral executive action to override acts of Congress or to implement policies that he was unable to enact through the proper constitutional process.” He reminded his readers that “Article I of the Constitution vests Congress, not the President, with the sole power to legislate. Article II, by contrast, charges the President with the responsibility to “take care” that the laws enacted by Congress be “faithfully executed.”

“Given this division of power,” Cruz flatly stated in a way that would have made Madison proud, “the President cannot act until Congress does.”

“President Obama,” he complained, “sees congressional inaction, not as a limitation on his power to act, but as a license to act. This is the logic of Caesar, not the logic of a president in a constitutional republic.”

Cruz blamed much of this on “Congress’s refusal to fulfill its constitutional role. For far too many members of Congress,” he observed, “partisan loyalty to the President and ideological commitment to his goals outweigh any interest in asserting their own institutional rights and prerogatives as the people’s representatives. They are all too willing to hand power over to the President.”

He called on his colleagues and the American people to be “constitutionalists—those who will respect and adhere to the constitutional design above all else, including party loyalty and ideology. The future of our constitutional order, which secures our liberty,” Cruz concluded, “depends on it.”

Cruz was right in 2015, and he would be well advised to heed his own advice now.

Democracy and the rule of law depend on the willingness of people like the Senator to adhere to constitutional principles even when doing so gores their partisan oxen. That is a hard test, not just for Senator Cruz and Speaker Johnson, but for all of us.

Never more so, than at this moment, does our Republic seem to be on the brink of doing what John Adams foresaw in 1814. “Remember,” Adams said, “Democracy never lasts long. It soon wastes exhausts and murders itself.”

“There never was a Democracy. Yet, that did not commit suicide.” What Ted Cruz wrote a decade ago offers us a way to avoid that fate.

Austin Sarat is the William Nelson Cromwell professor of jurisprudence and political science at Amherst College.

Read More

Hands protecting a child. A child being protected.

Just three months into his second term, the Trump Administration terminated 373 grants worth about $500 million from the Department of Justice’s Office of Justice Programs.

Getty Images, Mary Long

Youth Injustice: Trump Administration Cuts Violence Prevention Programs

This essay is part of a series by Lawyers Defending American Democracy where we demonstrate the link between the administration’s sweeping executive actions and their roots in the authoritarian blueprint, Project 2025, and show how these actions harm individuals and families throughout the country.

Just three months into his second term, the Trump Administration abruptly terminated 373 grants worth about $500 million from the Department of Justice’s Office of Justice Programs (OJP). The grants were ended without any prior notice and affected programs across the country that provide support for the complete range of department activities, including juvenile and youth justice, violence prevention, child protection, policing and prosecution, and victims’ services.

Keep ReadingShow less
An Open Letter to the Department of Education
Committee of Seventy Engages Over 23,000 Students in Civic Education Statewide
Getty Images, Maskot

An Open Letter to the Department of Education

Children—Black, white, brown, immigrant, and native-born—crowded around plastic tables, legs dangling, swapping stories, and trading pieces of their lunches. I believe that the dream of the Department of Education was to build a country where a child's start in life doesn't determine their finish, where public education flings open the doors, not just for a few, but for all.

Our story didn't begin in isolation. The Department of Education was born in 1979, forged by decades of struggle and hope; by the echoes of Brown v. Board, the promises of the Civil Rights Act, and the relentless voices of parents and educators who refused to accept that opportunity could not be representative and equitable. The mission was bold and straightforward: make real the promise that public education is a right and a shared responsibility.

Keep ReadingShow less
Protest against gerrymandering
Demonstrators protest against gerrymandering at a rally in front of the Supreme Court while the justices debated Rucho v. Common Cause.
Evelyn Hockstein/For The Washington Post via Getty Images

When the Map Becomes the Battlefield: Gerrymandering and the Challenge of Democratic Reform

Founded as an independent national news outlet, The Fulcrum explores and advances solutions to the challenges facing our democratic republic—by amplifying diverse, civic-minded voices. We've long championed a new political paradigm rooted in civil discourse, civic integrity, and personal accountability while warning that hyper-partisan rhetoric and entrenched party lines threaten the very foundation of reasoned governance.

But in 2025, the threat has evolved. The content arriving in our newsroom, as well as the voices from the field, reflect not just frustration with gridlock, but growing alarm over the systematic dismantling of democratic institutions. From reform leaders to civic organizations to everyday citizens, we’re hearing the same refrain: The machinery of democracy is not merely stalled, but systematically being dismantled.

Keep ReadingShow less
elementary school classroom
Urgent action is needed for our beloved public schools to renew civic life, writes Goodwin.
skynesher/Getty Images

Teach Leveraging in Middle and High School To Promote Democracy

It's all about leverage. You hear this from a lot of people. Thomas Friedman said it years ago in one of his Sunday New York Times columns on foreign policy. He was referring to international relations. In particular, he was talking about bargaining leverage, namely the kind of leverage that is needed to motivate an ally or an opponent to change their course of action, whether it concerns trade, military build-up, or political alignments.

People in business, especially sophisticated big business, talk about leverage all the time. Gary Hamel and C. K. Prahalad wrote a chapter in their famous book, Competing for the Future, that was all about leverage, although the concept of leverage they were talking about was resource leverage, not bargaining leverage.

Keep ReadingShow less