President Trump’s recent speech to a joint session of Congress, and the Democrats response to it, along with the White House meeting between President Trump and Ukrainian President Zelensky caused me to think of a song. “Send in the Clowns” from the musical “A Little Night Music” by Stephen Sondheim and Hugh Wheeler.

Don’t you love farce?

My fault, I fear

I thought that you’d want what I want

Sorry, my dear!

But where are the clowns

Send in the clowns

Don’t bother, they’re here.

At least two wars are going on. One between Russia and Ukraine, and the other between Trump and the Democrats in Congress. Both are extremely serious, and both are in need of a serious reasonable resolution. Neither, however, appears likely to end with an acceptable outcome in the foreseeable future.

The war between Trump and the Congressional Democrats is the one that triggered my thoughts about “Send in the Clowns.” What we witnessed the other night in the US Capitol and the repercussions that followed leads me to believe that the clowns are here, and they are running our government.

Just a few minutes after Trump began speaking, I posted on Facebook “I don’t like this speech.” I didn’t say that as someone suffering from Trump Derangement Syndrome, but as a Republican who voted for Trump in three elections. I like a lot (but not all) of what he has done and is doing, but to me this was an inappropriate speech to be making to a joint session of Congress. It was filled with attacks against the Democrats in Congress, name calling, uncivil remarks, and grandstanding. In my opinion it was not saved by the very good parts that came much later.

That speech would have been appropriate at a Republican Party event, but not at a joint session of Congress.  

The Framers of our Constitution created a government composed of  three interdependent branches. Congress was given the sole authority to legislate, but the Executive was given a role in that process. The President has the Constitutional responsibility to faithfully execute the laws they create together. Although not specifically spelled out in the Constitution, the Judicial Branch has long been accepted as having the authority to insure that the laws they create and enforce are Constitutional.  

It is important, therefore, that the President and Congress work together to make and enforce the laws that govern our lives, and our nation’s actions around the world. When they have differences they need to compromise and co-operate with one another. Otherwise there is paralysis at the highest and lowest levels. We depend on the government to maintain order and provide the many benefits that only a smooth functioning government can provide.

Trump’s insults to the Democrats did not cause their belligerent behavior at that speech. They came prepared to oppose anything, and perhaps everything, that Trump espoused. Their paddle signs had been prepared in advance. They sat on their hands and refused to clap even when what Trump was saying was laudable by any standard.  

Trump could have used the occasion to appeal to the Democrats in Congress to seek sensible solutions to the many problems facing our nation. He could have done so in a conciliatory manner rather than demanding subservience and obedience to his views. That would have made it difficult for the Democrats to respond they way they did.  

It is easy to understand why Trump acted the way he did. The Democrats in Congress have not treated him as the elected leader of this nation. They have maligned him in every way imaginable. They have expressed no interest in working with him for the betterment of the nation. In a number of the states he has been persecuted and prosecuted for purely political ends.

Neither side has acted as responsible adults. Rather they have both acted as petulant children. That is no way to govern the most powerful nation on the face of the earth. And we, the governed, are not well served as a result.

So the clowns are here. But they are not funny. They do not amuse. They are evil clowns and we are suffering as a result. 

Howard Lurie is Emeritus Professor of Law, Charles Widger School of Law, Villanova University