Jeffrey Jordan is the former city manager of South Portland (1996–2006) and recently
retired as the deputy director and chief financial officer of the Midcoast Regional
Redevelopment Authority after 19 years of service.
I am writing out of deep alarm about the state of our democracy. I worked in local government for over 44 years serving the people of Maine, guided by a simple principle: government power is legitimate only when exercised within the law.
Today, that principle is under strain from actions by the Trump administration with the consent of a majority of the United States House and Senate. From the Constitution’s “power of the purse” in Article 1 to the Fourth Amendment’s protections against warrantless searches, the executive branch is testing the pillars that sustain democratic governance.
This extends beyond domestic law; it includes a disregard for international norms and alliances that reinforce democratic stability. These developments are not abstract constitutional debates. They carry immediate consequences for how public money is spent, how homes are entered and how the United States is perceived by allies and adversaries.
First, from a career in municipal management and finance, I see a systemic threat to the government’s financial foundation. By freezing congressionally approved grants and attempting to dismantle agencies without legislative authorization, the president undermines the Impoundment Control Act of 1974 and Congress’ authority under Article I, Section 9.
The framers of the Constitution vested spending authority in Congress to prevent unilateral executive control over public resources. When the executive treats public funds as discretionary and decides which programs live or die, representative government gives way to authoritarian rule.
Second, there is an equally serious threat to the rule of law. Law enforcement officers are trained that the sanctity of the home and the requirement of judicial warrants are cornerstones of a civil society. For more than two centuries, the Fourth Amendment has required a neutral judge’s approval before agents may enter a private residence.
Yet the Department of Justice now asserts that an internal administrative document — Form I-205, signed by an immigration official and never reviewed by a judge — is sufficient legal authority for federal agents to enter homes. This erodes due process and strikes at one of the Constitution’s most fundamental protections.
Finally, these domestic concerns are accompanied by a troubling abandonment of international law and norms. Military actions framed as counter-narcotics operations, threats toward NATO allies over territorial disputes and the weakening of treaty commitments risk replacing decades of cooperative stability with unilateral decision-making.
When the executive acts without congressional authorization or sustained alliance support, both constitutional balance and global credibility suffer. American leadership has rested not only on military strength but on our example — fidelity to the rule of law, respect for democratic institutions, reliability in our alliances and a willingness to hold ourselves to the same standards we ask of others.
When the executive places himself above the law, public trust erodes and the machinery
of government falters. Democratic institutions depend on adherence to process, accountability and restraint. History shows that democratic backsliding often occurs not through a single dramatic break, but through the steady normalization of exceptions to the rule of law.
Our democracy relies on leaders who understand that the government’s power is not a license for whim, but a trust bound by the Constitution and the law. Congress must reclaim its Article I authority. It should insist on compliance with appropriations law, reinforce the requirement of judicial warrants for entry into homes and use its oversight and funding powers to ensure that no agency operates beyond constitutional boundaries.
Oversight hearings, statutory clarifications and the power of the purse remain the most immediate and lawful tools available to restore balance. Our democracy depends on the rule of law and the separation of powers that protect it.
Our democracy also depends on an engaged public. Citizens must stay informed, speak out and hold their elected officials accountable. Contact your representatives, participate in public forums, support institutions that defend constitutional norms and vote with an understanding of what is at stake.
We invite you to add your comments. We encourage a thoughtful exchange of ideas and information on this website. By joining the conversation, you are agreeing to our commenting policy and terms of use. More information is found on our FAQs. You can modify your screen name here.
Comments are managed by our staff during regular business hours Monday through Friday as well as limited hours on Saturday and Sunday. Comments held for moderation outside of those hours may take longer to approve.
Join the Conversation
Please sign into your Sun Journal account to participate in conversations below. If you do not have an account, you can register or subscribe. Questions? Please see our FAQs.