In 1775, the American people rebelled against a tyrant who sent soldiers into the streets of their towns and imposed measures on trade, and taxation, without their consent. In 1776, the Continental Congress came together to band the 13 American Colonies together in an alliance that declared independence from King George III and the British Empire. The two principles that emerged from this formative cauldron of American democracy defined a governing structure rooted in the ideas that executive power must be limited and that states would retain their autonomy.
Ken Burns’ new six-part documentary, “The American Revolution,” dramatically brings the events of 250 years ago to life, leaving the viewer with the impression that by breaking away from the most powerful monarchy in the world, the rebels unleashed democratic forces that they did not fully understand. To be sure, this was not a “perfect union,” as major segments of the population, including enslaved people, women and Indigenous tribes were deprived of power.
After years of bloody conflict, the rebels prevailed and wrote a Constitution, ratified in 1788. We learn in sixth grade civics that the three branches of federal power created a balance of power, intended to preserve “the consent of the governed.” Those powers not arrogated to the federal government were reserved to the 13 states. These principles have largely endured. Yet, as we turn the page to the new year, 2026, the core principles of our American republic face fundamental challenges by an executive who brandishes power as if he were a king, and we ask:
● Does the executive have the power under our form of government to unilaterally wield military force to kill non-Americans in foreign lands (and waters) simply by declaring that they are “narco terrorists” and represent a threat to America?
● Does the executive have the power to levy tariffs without the consent of Congress, simply by asserting there is a national economic emergency?
● Does the executive have power to send federal troops into American streets when he declares an “insurrection?”
● Does the executive have the unilateral power to end all asylum proceedings for individuals from certain countries, because the president deems them “Third World” or “countries that stink?”
● Does the executive have the power to instruct his attorney general to bring cases against political enemies and to pursue investigations only against “Democrats” while reviewing the Epstein files?
In posing this list, which could be 10 pages longer, one wonders what John Adams, Thomas Jefferson, Alexander Hamilton and Benjamin Franklin would think of this executive’s assertion that he possesses such plenipotentiary powers. Undoubtedly, they would remind him that they staked their lives and honor to assert the power of the people, acting through Congress, to declare war, regulate commerce and fund America’s budget. The governors of the newly independent 13 colonies would similarly emphasize that the states retained the power to determine their own affairs, including military actions. They would not tolerate a tyrant who disregarded the careful balances enshrined in their newly minted Constitution.
The authors of the Declaration of Independence, Articles of Confederation and Constitution are more relevant than ever to our current political debate. Their words and deeds stand out like pole stars lighting the way through the looming crisis over interpretation of what it means to be a free people who exercise their power through elective representatives and entrusted to an independent judiciary. We can hear echoes of the principles they articulated in the actions of governors who resist unauthorized federal power, the veterans in Congress who remind us that the oath of service does not force soldiers to follow “illegal orders,” and by common citizens who stand up in protest for their rights of speech, autonomy and due process.
As we approach this momentous New Year, let’s revisit the key lessons of American history and celebrate that those who rejected a king would not roll over to a person who frequently posits that he stands above the law and the Constitution. As history tells us, when asked what form of government had been formed on the last day of the Constitutional Convention in 1787, Benjamin Franklin replied, “A Republic, if you can keep it.”
Those of us who study the law and American history have a duty to remind our friends and neighbors of the fragility of our democracy and form of government. The new year will answer Mr. Franklin’s question: Can we keep it?
