Our constitutional crisis is already here
Category: Op/EdVia: john-russell • 3 weeks ago • 3 comments
This is a pretty long article. For that reason I only posted the first half of it.
Our constitutional crisis is already here
Robert Kagan 33-41 minutes 9/23/2021
First, Donald Trump will be the Republican candidate for president in 2024. The hope and expectation that he would fade in visibility and influence have been delusional. He enjoys mammoth leads in the polls; he is building a massive campaign war chest; and at this moment the Democratic ticket looks vulnerable. Barring health problems, he is running.
Second, Trump and his Republican allies are actively preparing to ensure his victory by whatever means necessary. Trump’s charges of fraud in the 2020 election are now primarily aimed at establishing the predicate to challenge future election results that do not go his way. Some Republican candidates have already begun preparing to declare fraud in 2022, just as Larry Elder tried meekly to do in the California recall contest.
Meanwhile, the amateurish “stop the steal” efforts of 2020 have given way to an organized nationwide campaign to ensure that Trump and his supporters will have the control over state and local election officials that they lacked in 2020. Those recalcitrant Republican state officials who effectively saved the country from calamity by refusing to falsely declare fraud or to “find” more votes for Trump are being systematically removed or hounded from office . Republican legislatures are giving themselves greater control over the election certification process. As of this spring, Republicans have proposed or passed measures in at least 16 states that would shift certain election authorities from the purview of the governor, secretary of state or other executive-branch officers to the legislature. An Arizona bill flatly states that the legislature may “revoke the secretary of state’s issuance or certification of a presidential elector’s certificate of election” by a simple majority vote. Some state legislatures seek to impose criminal penalties on local election officials alleged to have committed “ technical infractions ,” including obstructing the view of poll watchers .
The stage is thus being set for chaos. Imagine weeks of competing mass protests across multiple states as lawmakers from both parties claim victory and charge the other with unconstitutional efforts to take power. Partisans on both sides are likely to be better armed and more willing to inflict harm than they were in 2020. Would governors call out the National Guard? Would President Biden nationalize the Guard and place it under his control, invoke the Insurrection Act, and send troops into Pennsylvania or Texas or Wisconsin to quell violent protests? Deploying federal power in the states would be decried as tyranny. Biden would find himself where other presidents have been — where Andrew Jackson was during the nullification crisis, or where Abraham Lincoln was after the South seceded — navigating without rules or precedents, making his own judgments about what constitutional powers he does and doesn’t have.
Today’s arguments over the filibuster will seem quaint in three years if the American political system enters a crisis for which the Constitution offers no remedy.
Most Americans — and all but a handful of politicians — have refused to take this possibility seriously enough to try to prevent it. As has so often been the case in other countries where fascist leaders arise, their would-be opponents are paralyzed in confusion and amazement at this charismatic authoritarian. They have followed the standard model of appeasement, which always begins with underestimation. The political and intellectual establishments in both parties have been underestimating Trump since he emerged on the scene in 2015. They underestimated the extent of his popularity and the strength of his hold on his followers; they underestimated his ability to take control of the Republican Party; and then they underestimated how far he was willing to go to retain power. The fact that he failed to overturn the 2020 election has reassured many that the American system remains secure, though it easily could have gone the other way — if Biden had not been safely ahead in all four states where the vote was close; if Trump had been more competent and more in control of the decision-makers in his administration, Congress and the states. As it was, Trump came close to bringing off a coup earlier this year. All that prevented it was a handful of state officials with notable courage and integrity, and the reluctance of two attorneys general and a vice president to obey orders they deemed inappropriate.
These were not the checks and balances the Framers had in mind when they designed the Constitution, of course, but Trump has exposed the inadequacy of those protections. The Founders did not foresee the Trump phenomenon, in part because they did not foresee national parties. They anticipated the threat of a demagogue, but not of a national cult of personality. They assumed that the new republic’s vast expanse and the historic divisions among the 13 fiercely independent states would pose insuperable barriers to national movements based on party or personality. “Petty” demagogues might sway their own states, where they were known and had influence, but not the whole nation with its diverse populations and divergent interests.
Such checks and balances as the Framers put in place, therefore, depended on the separation of the three branches of government, each of which, they believed, would zealously guard its own power and prerogatives. The Framers did not establish safeguards against the possibility that national-party solidarity would transcend state boundaries because they did not imagine such a thing was possible. Nor did they foresee that members of Congress, and perhaps members of the judicial branch, too, would refuse to check the power of a president from their own party.
(Illustration by Anthony Gerace for The Washington Post; photos by Getty Images)
In recent decades, however, party loyalty has superseded branch loyalty, and never more so than in the Trump era. As the two Trump impeachments showed, if members of Congress are willing to defend or ignore the president’s actions simply because he is their party leader, then conviction and removal become all but impossible. In such circumstances, the Framers left no other check against usurpation by the executive — except (small-r) republican virtue.
Critics and supporters alike have consistently failed to recognize what a unique figure Trump is in American history. Because his followers share fundamentally conservative views, many see Trump as merely the continuation, and perhaps the logical culmination, of the Reagan Revolution. This is a mistake: Although most Trump supporters are or have become Republicans, they hold a set of beliefs that were not necessarily shared by all Republicans . Some Trump supporters are former Democrats and independents. In fact, the passions that animate the Trump movement are as old as the republic and have found a home in both parties at one time or another.
Suspicion of and hostility toward the federal government; racial hatred and fear; a concern that modern, secular society undermines religion and traditional morality; economic anxiety in an age of rapid technological change; class tensions, with subtle condescension on one side and resentment on the other; distrust of the broader world, especially Europe, and its insidious influence in subverting American freedom — such views and attitudes have been part of the fabric of U.S. politics since the anti-Federalists, the Whiskey Rebellion and Thomas Jefferson. The Democratic Party was the home of white supremacists until they jumped to George Wallace in 1968 and later to the Republicans. Liberals and Democrats in particular need to distinguish between their ongoing battle with Republican policies and the challenge posed by Trump and his followers. One can be fought through the processes of the constitutional system; the other is an assault on the Constitution itself.
What makes the Trump movement historically unique is not its passions and paranoias. It is the fact that for millions of Americans, Trump himself is the response to their fears and resentments. This is a stronger bond between leader and followers than anything seen before in U.S. political movements. Although the Founders feared the rise of a king or a Caesar, for two centuries Americans proved relatively immune to unwavering hero-worship of politicians. Their men on horseback — Theodore Roosevelt, Grant, even Washington — were not regarded as infallible. This was true of great populist leaders as well. William Jennings Bryan a century ago was venerated because he advanced certain ideas and policies, but he did not enjoy unquestioning loyalty from his followers. Even Reagan was criticized by conservatives for selling out conservative principles, for deficit spending, for his equivocal stance on abortion, for being “soft” on the Soviet Union.
Trump is different, which is one reason the political system has struggled to understand, much less contain, him. The American liberal worldview tends to search for material and economic explanations for everything, and no doubt a good number of Trump supporters have grounds to complain about their lot in life. But their bond with Trump has little to do with economics or other material concerns. They believe the U.S. government and society have been captured by socialists, minority groups and sexual deviants. They see the Republican Party establishment as corrupt and weak — “losers,” to use Trump’s word, unable to challenge the reigning liberal hegemony. They view Trump as strong and defiant, willing to take on the establishment, Democrats, RINOs, liberal media, antifa, the Squad, Big Tech and the “Mitch McConnell Republicans.” His charismatic leadership has given millions of Americans a feeling of purpose and empowerment, a new sense of identity. While Trump’s critics see him as too narcissistic to be any kind of leader, his supporters admire his unapologetic, militant selfishness. Unlike establishment Republicans, Trump speaks without embarrassment on behalf of an aggrieved segment of Americans, not exclusively White, who feel they have been taking it on the chin for too long. And that is all he needs to do.
There was a time when political analysts wondered what would happen when Trump failed to “deliver” for his constituents. But the most important thing Trump delivers is himself. His egomania is part of his appeal. In his professed victimization by the media and the “elites,” his followers see their own victimization. That is why attacks on Trump by the elites only strengthen his bond with his followers. That is why millions of Trump supporters have even been willing to risk death as part of their show of solidarity: When Trump’s enemies cited his mishandling of the pandemic to discredit him, their answer was to reject the pandemic. One Trump supporter didn’t go to the hospital after developing covid-19 symptoms because he didn’t want to contribute to the liberal case against Trump. “I’m not going to add to the numbers,” he told a reporter.
Because the Trump movement is less about policies than about Trump himself, it has undermined the normal role of American political parties, which is to absorb new political and ideological movements into the mainstream. Bryan never became president, but some of his populist policies were adopted by both political parties. Sen. Bernie Sanders’s supporters might not have wanted Biden for president, but having lost the nomination battle they could work on getting Biden to pursue their agenda. Liberal democracy requires acceptance of adverse electoral results, a willingness to countenance the temporary rule of those with whom we disagree. As historian Richard Hofstadter observed, it requires that people “endure error in the interest of social peace.” Part of that willingness stems from the belief that the democratic system makes it possible to work, even in opposition, to correct the ruling party’s errors and overreach. Movements based on ideas and policies can also quickly shift their allegiances. Today, the progressives’ flag-bearer might be Sanders, but tomorrow it could be Sen. Elizabeth Warren or Rep. Alexandria Ocasio-Cortez or someone else.
For a movement built around a cult of personality, these adjustments are not possible. For Trump supporters, the “error” is that Trump was cheated out of reelection by what he has told them is an oppressive, communist, Democrat regime. While the defeat of a sitting president normally leads to a struggle to claim the party’s mantle, so far no Republican has been able to challenge Trump’s grip on Republican voters: not Sen. Josh Hawley, not Sen. Tom Cotton, not Tucker Carlson, not Gov. Ron DeSantis. It is still all about Trump. The fact that he is not in office means that the United States is “a territory controlled by enemy tribes,” writes one conservative intellectual. The government, as one Trump supporter put it, “is monopolized by a Regime that believes [Trump voters] are beneath representation, and will observe no limits to keep them [from] getting it." If so, the intellectual posits, what choice do they have but to view the government as the enemy and to become “ united and armed to take care of themselves as they think best ”?
(Illustration by Anthony Gerace for The Washington Post; photos by Getty Images)
The Trump movement might not have begun as an insurrection, but it became one after its leader claimed he had been cheated out of reelection. For Trump supporters, the events of Jan. 6 were not an embarrassing debacle but a patriotic effort to save the nation, by violent action if necessary. As one 56-year-old Michigan woman explained : “We weren’t there to steal things. We weren’t there to do damage. We were just there to overthrow the government.”
The banal normalcy of the great majority of Trump’s supporters, including those who went to the Capitol on Jan. 6, has befuddled many observers. Although private militia groups and white supremacists played a part in the attack, 90 percent of those arrested or charged had no ties to such groups. The majority were middle-class and middle-aged; 40 percent were business owners or white-collar workers. They came mostly from purple, not red, counties.
Most Trump supporters are good parents, good neighbors and solid members of their communities. Their bigotry, for the most part, is typical white American bigotry, perhaps with an added measure of resentment and a less filtered mode of expression since Trump arrived on the scene. But these are normal people in the sense that they think and act as people have for centuries. They put their trust in family, tribe, religion and race. Although jealous in defense of their own rights and freedoms, they are less concerned about the rights and freedoms of those who are not like them. That, too, is not unusual. What is unnatural is to value the rights of others who are unlike you as much as you value your own.