I propose that the Trump admin should give as much deference to this "spirit as defined by court rulings" as has been given to rulings such as
NYSRPA v. Bruen.
Which is to say ignore it repeatedly.
Operate without an official cabinet if you have to. Trump still has near absolute authority over the executive branch. He can simply use his chosen cabinet as proxies for direct orders.
Really get that executive order pipeline going (those aren't found in the constitution BTW, it is implied that POTUS can make an order at any time). They could make an app just for his chosen cabinet. They draft an order and it's automatically sent to Trump to sign. Anyone who ignores the order can be instantly fired upon direct authority of the president.
What are the courts going to do about that? Injoin the executive branch from obeying the president until such time as he appoints a cabinet the senate will accept? What happens if the senate refuses to consent to any appointment? The deep state just keeps churning on it's own?
I don't think so. Use the military to escort the fired personnel out of the buildings and guard the buildings so they can't come back in. Use the military to secure the networks of these three letter agencies to prevent fired individuals from continuing to connect.
There is always a next step, and given how people just voted SCOTUS will not stand in the way of the president. They will not die on the hill of "The guy you just elected isn't allowed to fire the entrenched bureaucrats you hate so that he can enforce the law of the land".
It really sounds like you hate the constitution. What are you, a Banana Republican? And you have the gall to choose 'dream of liberty' as your avatar? What a contradiction.
Your proposal isn’t just a fever dream of executive overreach -- it’s a full-blown blueprint for authoritarian chaos. Let’s dismantle this nonsense piece by piece, shall we?
First, your comparison of recess appointments to
NYSRPA v. Bruen is laughable. Trump, or any president, ignoring rulings like Bruen would involve
not enforcing laws as SCOTUS has instructed. Recess appointments are entirely different -- they involve filling critical positions to maintain government functionality, as constrained by both the Constitution and the courts. Ignoring these rulings doesn’t flex executive power -- it invites gridlock, undermines governance, and creates legal and political landmines.
Second, your fantasy about Trump operating without an official cabinet and ruling via app-based executive orders is detached from reality. The
Appointments Clause of the Constitution and subsequent case law exist for a reason: to ensure that key roles in the executive branch are filled with Senate-confirmed, accountable individuals. Substituting this constitutional framework with "Trump signs whatever his team drafts" doesn’t streamline governance -- it erodes constitutional checks and balances. And what happens when even your own allies in Congress push back on such a blatant power grab? That’s a recipe for implosion, not efficiency.
Third, your suggestion that courts can’t intervene is a gross misunderstanding of how our system works. Courts absolutely can and have blocked executive actions that violate the Constitution, even those tied to personnel decisions. Firing bureaucrats is one thing; using the military to enforce these firings crosses into outright lawlessness. SCOTUS might defer to presidential authority in some cases, but they are not likely to condone turning the military into Trump's personal HR department.
Finally, let’s talk about the political fallout. You imagine some dystopian "deep state" keeping Trump from enforcing laws, but in reality, Americans -- even many Republicans -- don’t want a presidency untethered from accountability. Deploying the military to secure federal buildings and networks isn’t a "next step"; it’s the endgame of a presidency spiraling into despotism.
So, what will the courts do? They’ll uphold the Constitution, which includes checks on presidential power. What happens if the Senate refuses to confirm appointments? The president finds qualified candidates who meet constitutional standards or negotiates with Congress -- a cornerstone of democracy. And if your idea is to bulldoze through these barriers with executive orders and military muscle, the answer isn’t "what happens next" but rather "how quickly does this collapse under its own hubris?"
In short: stop confusing governance with
authoritarian fantasies. The Constitution wasn’t written to serve the whims of one man; it was designed to preserve a system of checks and balances that you so clearly misunderstand.