Wednesday night I attended an “Empty Chair” Town Hall, and I was absolutely blown away–in a very good way–by the event.
I was one of three people who “kicked off” participant testimonies with brief descriptions of what we are currently facing. My assignment was to explain why DOGE and the majority of Trump’s Executive Orders are unconstitutional; the other two addressed assaults on Medicaid and Women’s rights.
Here’s what I said:
Under the Constitution, Congress has exclusive power to raise revenue and “pay the Debts and provide for the common Defense and general Welfare of the United States.” The Appropriations Clause states that “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” DOGE has never been authorized as a government unit of any kind, and it is exercising financial decision-making that the Constitution vests exclusively in Congress.
Accordingly, every decision DOGE has made and is making is illegal and unconstitutional until and unless ratified—or more properly, authorized in advance– by Congress.
Most of Trump’s increasingly incoherent, petty and autocratic Executive Orders are similarly unconstitutional. Most of them violate the Separation of Powers—a structural element fundamental to America’s constitutional system. The most blatant example was his effort to use an Executive Order to overturn birthright citizenship, which was established by the 14th Amendment. A president cannot amend the Constitution via Executive Order.
An Executive Order is defined as a written directive signed by the president, that orders agencies of the federal government to take specific actions in pursuance of the Executive’s duty to ensure that the laws of the nation “be faithfully executed.” To the extent that such orders apply to matters not properly within the Executive’s authority, they are legally unenforceable.
Trump’s disdain for the Constitutional limits on his authority have plunged the nation into a full-blown Constitutional crisis.
Following those first, very brief presentations, some sixty people (out of the nearly 600 in attendance) lined up to address that empty chair. They were a cross-section of ordinary Americans (not a “coastal elitist” to be seen)– working class folks, a mixture of young and old people, retired folks– and they were amazing.
Don’t take my word for it: here is a link to the recorded livestream.
The citizens who turned out on a week-night (and presumably those watching via the livestream) wanted Todd Young to know that they are angry at his lack of a backbone, and his failure to live up to the oath of office that he took both as a Marine and as a Senator. They wanted him to understand how this rogue administration’s attacks on government are harming Hoosiers–the shutdowns of mental health services, the refusals to pay funds legally due to local nonprofits, the disregard of Free Speech and due process guarantees, and especially the persistent, vicious assaults on America’s diversity.
The people addressing that empty chair were passionate, but more significantly, their charges of malfeasance were accurate. They’d done their homework. The people who attended that Town Hall were the epitome of the “informed electorate” that sustains democratic regimes. When I left, I felt more positive than I have since the election.
The Town Hall’s organization by the Central Indiana Indivisible Chapter was flawless–there were volunteers directing traffic (which significantly overflowed the church’s large parking lot); and others inside directing attendees, managing microphones and herding the people waiting to testify. The crowd was more than just energized–attendees applauded speakers, booed references to Trump and Musk, and clearly demonstrated their intent to protect the America they value–an America where every person is (at least theoretically) valued.
The minister who welcomed the crowd emphasized that message, insisting that “Everyone is welcome here,–we don’t care what color you are, we don’t care who you pray to or whether you pray, we don’t care who you love. You are valued and welcome here.” Several of those who spoke made a similar point: America is a land of immigrants, a “melting pot” (or “tossed salad”) of diverse folks–and that is our strength. That is what makes America great. That is the beauty of We the People, and we will fight to retain it.
If Senator Young is too weak and intimidated to join the fight for America, the people in that Town Hall will find someone who isn’t weak and intimidated to replace him.
If you weren’t there, I really, really hope you will watch the recording. We the People are beautiful.
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