π The Founders Feared This β It Just Passed the House π½
Published 10 days agoΒ β’Β 5 min read
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Hello, Reader!
It is an unusual moment to be studying the American Revolution.
If you've been listening to Ben Franklin's World, you know the Revolution had many causes. But one big idea that connected them all:
π People believed the British government had become corrupt and tyrannical in its use of taxes, military force, and unchecked power in the colonies.
This concern drove the Founders to create something radically new: a government derived from the people, structured with checks and balances to prevent corruption and the concentration of power in any one branch. β β
π§Ύ Enter the "One Big Beautiful Bill."
A controversial budget bill passed the House of Representatives on Wednesday night by one vote.
While most news coverage has focused on its fiscal dimensions, a lesser-known provision deep in the bill could carry profound constitutional implications. [1]
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π΅οΈββοΈ The Fine Print:
A small rule hidden in this bill could cause big problems.
It says federal judges might not be allowed to punish someone for breaking a court order--if the judge didn't ask for a bond when issuing the order.
This change could make it harder for courts to ensure that government officials, especially those who work directly for the President, follow the law.
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β οΈ Why It Matters: This rule might sound minor, but it affects how the courts work.
In many cases-- especially those brought by everyday people or public-interest groups-- judges don't require bonds. That's normal.
But if this new rule passes, courts won't be able to enforce those orders unless a bond is posted. This means some executive officials could ignore court decisions and not face consequences.
If passed by the Senate, this provision would restrict how courts enforce compliance, particularly in executive action cases. The move comes just as Americans begin commemorating the 250th anniversary of their constitutional democracy. [2]
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βοΈ What the Provision Says
Here's the language from the bill:
"No court of the United States may use appropriated funds to enforce a contempt citation for failure to comply with an injunction or temporary restraining order if no security was given when the injunction or order was issued..."-- Section 70302, H.R. 1β
In Plain English: If someone breaks a court order and no bond was required when it was made, the court can't use government money to punish them for it.
This includes executive branch officials who work for the President.
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π Context from 1776
The Founders' Fear:
The American Revolution was driven not just by a desire for independence, but by the demand for a government accountable to the people.
The Declaration of Independence lists 27 grievances against King George III. Many of these grievances centered on the denial of justice and unchecked executive power.
To prevent such abuses in the new United States, the Framers of the Constitution established three coequal branches, each with the authority to check the others.
Contempt powers became essential tools for courts to uphold their constitutional authority including in cases that involve the president or his officials.
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β° Then vs. Now
In 1776, power without accountability was tyranny.
In 2025, limiting the courts' ability to enforce accountability reopens a concern the Founders sought to resolve.
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π Historical Echoes
In 1807, former Vice President Aaron Burr was tried for treason. President Thomas Jefferson was subpoenaed, and the court upheld the demand that he provide the requested correspondence between Jefferson and General James Wilkinson, affirming that no one is above the law.
In 1974, during the Watergate scandal, the U.S. Supreme Court unanimously ordered President Richard Nixon to release his Oval Office tapes. Nixon complied because presidents swear an oath to uphold the Constitution, and the courts hold the power to interpret and enforce it.
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π½ As We Approach America250
The contradiction: At a time when Americans are preparing to celebrate the founding ideals of liberty, justice, and democratic accountabilityβ¦
β¦Congress is considering a measure that may weaken oversight of the executive branch-- something the Founders would likely have viewed as a serious threat to constitutional balance and the Constitution's authority.
πA Declaration in Draft: Dive into the collaborative writing process behind the Declaration of Independence, and how it reflected colonial fears of unchecked power.
ποΈ The Burr Conspiracy: Investigate Aaron Burr's alleged plot to establish an independent nation, revealing the legal and political tensions of the early republic.
π James Wilson & the U.S. Constitution: Learn about James Wilson's critical contributions to the Constitution and his belief in a strong, accountable federal government grounded in popular sovereignty.
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π£οΈ What Do You Think?
If the Founders feared concentrated power and corruption, what do you think they would say about today's attempts to limit judicial authority?
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PS:
This weekend is Memorial Day.
I had initially planned to begin a series of Memorial Day posts about revolutionaries who died fighting for American independence.
I thought I might start with some lesser-known officers who died. Officers often left behind records, as did their peers, so they are easier to document for these short newsletters.
On June 17, we will commemorate the 250th anniversary of the Battle of Bunker Hill with an episode about the battle, and the work and death of Dr. Joseph Warren. So, my thought was to start with Richard Montgomery's death during the Attack on Quebec on December 31, 1775.
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John Trumbull, The Death of General Richard Montgomery in the Attack on Quebec, December 31, 1775.
However, the concerning nature of the news above made it feel more urgent to reflect on the principles these men died trying to preserve and enact, rather than focusing on their deaths.
I'll save this idea for later. In the meantime, I hope you have a wonderful holiday weekend. I'll leave you with a picture and a thought I have every Memorial Day: Each year, volunteers plant more than 37,000 flags on Boston Common. Each flag represents a service member who died in service to the United States, from the War for Independence to the present.
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Flags for the Massachusetts soldiers who died in every war from the Revolution through the present.
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