Appendix D: The Unwritten Guardrails
Fifty Norms That Once Held the Presidency in Check
For most of American history, the presidency was constrained not only by law but by expectation. These unwritten norms—once honored by every president until Trump—formed a quiet but powerful fabric of restraint, woven from humility, transparency, and civic trust. Though unenforceable, they held the office in check. Their collapse did not just expose vulnerabilities. It rewrote the presidency in practice, even as the Constitution remained unchanged in theory.
I. Transparency as a Civic Duty
1. Release of personal tax returns — Since Nixon, every president until Trump disclosed their tax records. The public had a right to know the sources, debts, and interests shaping executive power.
2. Disclosure of medical status and physicals — Presidents routinely released health summaries or full medical reports to assure the public of their capacity to serve.
3. Publication of daily schedules — Most presidents provided regular calendars showing their meetings, events, and locations. Trump largely ended this practice, replacing it with secrecy or self-promotion.
4. Visitor logs to the White House and executive offices — Until 2017, these logs were voluntarily released. Trump discontinued them entirely. Biden later restored limited disclosure.
5. Routine White House press briefings — Press Secretaries once held near-daily briefings with questions from across the media spectrum. Trump suspended these for over a year.
6. Direct engagement through press conferences — Presidents traditionally held regular press conferences—unscripted and open to follow-up. Trump preferred rallies and social media.
7. Disclosure of foreign gifts and financial entanglements — Though mandated in part by the Emoluments Clause, the broader tradition was to avoid even the appearance of influence by foreign actors.
8. Explanation of executive orders upon signing — Presidents typically released statements or held events to explain major orders. Trump often signed sweeping orders late at night with no notice.
9. Voluntary financial disclosures beyond legal minimums — Prior presidents went beyond FEC and ethics office requirements—offering full accounting of holdings, trusts, and debts. Trump provided only vague statements.
10. Transparency in the presidential pardon process — Traditionally, presidents issued pardons with input from the DOJ and released rationales. Trump bypassed this entirely, granting pardons to loyalists without explanation.
II. Accountability Without Coercion
11. Voluntary compliance with congressional subpoenas — Presidents and aides historically cooperated with legislative oversight—even under scrutiny. Trump instructed mass defiance.
Keep reading with a 7-day free trial
Subscribe to Jim Vincent US to keep reading this post and get 7 days of free access to the full post archives.