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Jamelle Bouie

By Jamelle Bouie

Opinion Columnist

The American constitutional system is built on the theory that the self-interest of lawmakers can be as much of a defense against tyranny as any given law or institution.

As James Madison wrote in Federalist 51, “The provision for defense must in this, as in all other cases, be made commensurate to the danger of attack. Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place.” Our Constitution is nothing more than a “parchment barrier” if not backed by the self-interest and ambition of those tasked with leading the nation.

One of the most striking dynamics in these first months of the second Trump administration was the extent to which so many politicians seemed to lack the ambition to directly challenge the president. There was a sense that the smart path was to embrace the apparent vibe shift of the 2024 presidential election and accommodate oneself to the new order.

But events have moved the vibe in the other direction. Ambition is making a comeback.

Last week Senator Chris Van Hollen of Maryland traveled to El Salvador, where he met with Kilmar Armando Abrego Garcia, a victim of the Trump administration’s removal program under the 1798 Alien Enemies Act.

Under its reading of the law, which allows the president to summarily detain or expel foreign nationals from the United States, the Trump administration has sent hundreds of people accused of being gang members, most of Venezuelan origin, to a maximum-security prison in El Salvador.

Abrego Garcia is one of the men trapped in this black zone. Despite his protected legal status, he was arrested, detained, accused of gang activity and removed from the United States. At no point did the government prove its case against Abrego Garcia, who has been moved to a lower-security prison, nor did he have a chance to defend himself in a court of law or before an immigration judge. As one of his representatives in the U.S. Senate, Van Hollen met with him both to confirm his safety and to highlight the injustice of his removal.

“This case is not just about one man,” Van Hollen said at a news conference after his visit. “It’s about protecting the constitutional rights of everybody who resides in the United States of America. If you deny the constitutional rights of one man, you threaten the constitutional rights and due process for everyone else in America.”

Later, in an interview with CNN, Van Hollen accused the Trump administration of ignoring the Supreme Court, which this month told the White House to comply with a district court order to facilitate Abrego Garcia’s return: “‘Facilitate’ does not mean you do nothing.” As for the president’s claim that Abrego Garcia is a dangerous gang member and so he wasn’t removed in error (as the administration acknowledged in a court filing), “What Donald Trump is trying to do here is change the subject,” Van Hollen said. “The subject at hand is that he and his administration are defying a court order to give Abrego Garcia his due process rights.”

The goal of Van........

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