July 20, 2025 presents a fundamental issue facing our nation. Do we preserve our democracy or allow an autocracy to form?
America is experiencing an unprecedented era of its history. I believe that when the president and his administration adopt policies and practices inconsistent with the fundamental principles and values stated in our Constitution, the rule of law and democratic principles, it is incumbent upon all of us to speak out and act.
Since Jan. 20 we have witnessed the president and his administration adopting policies, including numerous executive orders, that raise legal and constitutional issues and/or undermining American principles and values such as free speech, a free press, due process and equal protection of the law.
They have improperly and unconstitutionally gone after immigrants, judges, law firms and lawyers, colleges and universities, diversity equity and inclusion programs, federal agencies and their employees, inspectors general, economic policies such as tariffs that have affected the stock market and 401(k)s, student visas, invocation of the Alien Enemies Act — to name a few of their targets.
This results in creating a climate where law firms and lawyers, colleges and universities, foreign students, U.S. citizens, federal agencies and elected and appointed officials are being intimidated and are fearing retaliation for speaking out in opposition to these policies and actions. This results in too much capitulation and not enough strength to say “no.”
Yet, during this period we have seen millions of Americans participate in peaceful First Amendment activities like the June 14 No Kings Day marches and rallies across the United States. We also have seen others in the media like the New York Times, The Daily News and others speaking up in their own ways saying “no.”
And we have been pleased that some folks like Federal Appeals Court Judge J. Harvie Wilkinson and numerous federal court judges, and a bunch of elected officials in their own ways are challenging and raising serious questions about what is happening to America. We have also seen Harvard University and four major law firms — Perkins Coie, Wilmer Hale, Jenner & Block, Susman Godfrey — and others refuse to capitulate to the president’s demands.
The United States has always been aspirational — not what it is but what it can be. The preamble to the U.S. Constitution says it succinctly; “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”
One of our challenges is to get the Congress to live up to and implement the Constitution. When the president unilaterally decides to bomb Iran, where is the Congress to uphold the constitutional requirement of Article I, Section 8, Clause 11 which explicitly states, “The Congress shall have Power to declare War”? Where is Congress when the president cuts federal funds and/or eliminates or reduces the size of federal agencies that were created by Congress?
And what about the granting of recent Supreme Court emergency applications that appear to aid and enable the Trump Administration to implement their agenda? For example: lifting the preliminary injunction on barring the Trump administration from laying off, firing and restructuring the federal agencies or letting the Department of Government Efficiency (DOGE) have access to Americans records at the Social Security Administration.
The high court also allowed the Trump administration to lift protections for almost 350,000 Venezuelan immigrants who were part of the Temporary Protection Status (TPS) Program and ending a Humanitarian Program that offered temporary residence for 500,000 noncitizens from Cuba, Haiti, Nicaragua and Venezuela.
In six months, we, as a nation, have begun down the road to autocracy. For those of us, especially for those who believe in freedom, justice, equality and fairness for all not just some, the challenge is of the utmost priority to do whatever we can to speak up and peacefully, legally, effectively resist when and where appropriate, and to vigilantly preserve our democracy.
Simply put, America needs to remain a democracy and not become an autocracy.
Historians will write about this period of American history. Our children and grandchildren will someday ask us “were you around when President Trump and his administration did all those things?” We will say “yes, we were.’’ Then the inevitable question will be” What, if anything did you do?” Hopefully, each of us will be able to answer that question satisfactorily.
Siegel is a civil rights attorney.
