The presidency of Donald John Trump has shown particular vulnerabilities in the separation of powers, and those will need to be addressed. Here are some areas needing consideration.
The abuse of acting officials instead of confirmed ones is a high abuse of office. There needs to be statutory language (which will be challenged, but should be upheld) setting strict limits on how much the executive can delay nominating for any given position. Any changes should also codify a timeframe for senatorial response or a dead-by limitation for non-response.
The crimes of the Attorney General notwithstanding, the main reform needed in the Department of Justice is avoiding the appearance of bias by investigators. One option would be mandatory duty rotation to undermine the system where one or more investigators “owns” a particular investigation. The in-rotated agents would review the casework and would be less tolerant of any mistakes or malfeasance, given they would be responsible for moving the investigation forward.
Another option would be to have some agents conduct preliminary audits of investigations while they’re ongoing, to catch any problems sooner.
Financial Disclosures and Divestment
Primarily, rather than relying on disclosures by candidates and officeholders, the government should require publishing by the Treasury or other offices holding documents. (In general, where the law can avoid an opportunity for criminality, it should be taken; there’s no reason to let a candidate be delinquint in matters of disclosure. Indeed, this principle would also avoid many honest mistakes that are made, which makes it doubly effective.)
In terms of divestitures, perhaps some options may be offered, including one whereby all profits are forfeited during tenure of office and for some period after, for cases where an official really wants to hold onto some property or business for personal (non-profit) motives. By pushing the profit timeframe far enough away from official business, it may dull the appeal of trying to profit off of official acts.
Given the fervor with which the Republicans have sought to pack the courts, one suspects that some reforms will be necessary. These should include continuing legal educational requirements for judges, so that they may be apprised of the fast-changing legal landscape.
There will also need to be some reorganization of the various courts and circuits. That’s a long-standing problem that’s been needed almost as badly as increasing the number of seats in the House.
Causes of Action for Congress
Often thwarted by questions of standing, specific causes of action to bring suit for enforcement of Constitutional law should be codified. Congress itself should revise its rules to be prepared to again exercise its inherent contempt authorities for the enforcement of its subpoenas.
It should also create and maintain its own store of the more necessary government documents, separate from the executive, as there is zero cause but obvious and illegal action by the executive to withold important documents. Congress should be furnished all necessary documents as a matter of course. It ought not have to ask the executive for copies later.
There are many more issues that will need to be scrutinized and reformed. Many of the issues will only come to light in the coming decade, as we shall never in our lives see the end of the drip, drip, drip of corruption that this administration has gotten up to.
But, like Love Canal and other environmental disasters in the past, the toxic sludge will bring a reform era to American law and politics.