What is happening under the new Trump administration at the moment, according to historian Manfred Berg, is something like an “administrative coup“. He is referring to the actions of the new DOGE (Department of Government Efficiency) Commission, whose employees not only have access to ministries, state bodies and sensitive data sets, but also quickly close institutions.
Brutal methods for reorganizing the state
In an extensive interview with the German public media ARD, the professor of history at Heidelberg University and author of a book about the disunity of society in the US says that it is very debatable whether a new government even has the right to do such things. Moreover, the controversial decisions never reach the courts. And it is a completely separate question whether the Trump administration would even be willing to accept such court decisions, the historian adds.
When asked by ARD whether the actions of the new DOGE body are even legal, Berg said: “DOGE does not even exist as a body of state power. Usually, there must be an act of Congress to create a new body or ministry, which is not the case in this case. DOGE is a structure created ad hoc under the supervision of Elon Musk, which uses very brutal methods to reorganize the state apparatus to the taste of the Trump administration. The legal aspect has yet to be clarified by the courts“.
"This is called a constitutional crisis"
There have already been more than 40 lawsuits filed against Musk's government efficiency commission. If the Trump administration decides not to implement the court's rulings, it would mean that the government would violate the principle of the separation of powers. It is based on the fact that the branches of government recognize each other's authority, and the executive branch implements and complies with the court's rulings. If this is no longer guaranteed, then there is no separation of powers, Berg told ARD. This is called a constitutional crisis, he added.
Now Trump's people claim that the president is not bound by any court rulings. "But let's be clear: this is how dictators rule," says the German historian. According to him, it remains to be seen whether Trump will actually ignore court rulings, especially those of the Supreme Court. "But one thing is clear: the Trump administration is playing with fire," Professor Manfred Berg continued in his interview with ARD.
Can the Supreme Court stop Trump?
Last year, the conservative majority in the highest court in the United States granted the president broad immunity from prosecution. We can therefore now expect that the same conservative majority will also be prepared to give him considerable room for maneuver in terms of his powers, Berg said. On the other hand, the courts always have an institutional interest in demonstrating their independence.
Trump signed an executive order on citizenship that is clearly contrary to the constitution, Berg told ARD. That is why he expects this executive order to reach the courts. The Constitution clearly states that all persons born in the United States are American citizens. This practice has been confirmed several times by the Supreme Court so far. And if he now avoids a decision on this issue, it would be a sign of his readiness to capitulate to the Trump administration, the Heidelberg professor emphasizes.
An attempt to establish a kind of oligarchy in the USA?
Historian Timothy Snyder says that the oligarchs are trying to destroy the American constitutional state from within. Professor Manfred Berg's opinion is not much different. He believes that we are witnessing an attempt by a group of very rich and influential people to transform the state according to their personal interests. “This is usually called oligarchy. The irony here is that in recent decades, American conservatism has systematically undermined trust in the government, which has been demonized. Now, by more or less dictatorial means, the government must be reorganized so that it serves the interests of a small group of people,” Berg says.
So he goes even further than Snyder, saying the following: “There are signs of kleptocracy and elements of illiberal democracy. Elections will probably not be interfered with in the sense of being abolished, but the electoral system can be reorganized in such a way that the opposition has no chance of winning elections. There are many examples of this in American history. At the same time, those in power control the state apparatus and, if possible, the media.“
"This bears the hallmarks of a system that is breaking down"
Trump has always said what he thinks and done what he says - if he is allowed to. He wants to rule as an elected dictator, referring to the will of the people - even though not all American voters voted for him. This bears the hallmarks of a system breakdown that we have never seen before in American history. That is why the United States is now in the most serious constitutional crisis since the Civil War, says German historian Professor Manfred Berg in his interview with ARD.
Author: Eckart Aretz ARD