Tuesday, December 3, 2019

Endgame for a Constitutional Republic

     

    "The pundits babble on about the Constitution and the rule of law. But nobody says what's to be done when half the country could not care less about the Constitution and the rule of law. . . . Majority rule and the electoral process can lead a nation to fascism as easily as it can uphold democratic rule."

      Constance Hilliard, Historian

Hilliard

Donald Trump is re-defining America. It used to be a Constitutional Republic.


America's Founders feared the power of a popular demagogue. Such a person might have unusual ambition, a narcissistic desire to be loved, a charismatic manner, with ability to apprehend and inflame the popular will of the people. The people themselves would destroy the republic, they feared, because they would prefer the exercise of their own will, as voiced and marshaled by their leader, to the constraints of the Constitution. The people had the power to choose tyranny.  

The Constitution was designed to frustrate that democratic flaw. Power would be divided among ambitious people, each jealous of their own power. Ambition in one branch of government would check ambition in another. 

We are experiencing a systems failure. 

GOP officeholders are empowering, not blocking, a leader flouting the Constitution, and doing so openly. 

Trump observed a political opportunity. The 9-11 attacks shocked Americans and heightened their fear of external threats, especially from Muslims. This coincided with a period of high immigration from Latin America and Asia. The Financial Crisis of 2007-09 threw the economy into a deep recession and reduced Americans' trust in institutions and presumed experts. Americans elected a politically liberal black man as president, a potent symbol of changes taking place, with assertions of equality and dignity for women, people of color, homosexuals, transexuals, immigrants, and others. 

Panic. (Over half of Republican voters believed Obama was born in Kenya.)

Trump promised a restoration of the centrality of white, native-born Americans. MAGA.

James Madison
Trump has succeeded beyond all expectation in changing America from a republic defined by a creed and constitution into a ethno-nationalist state led by a strong personal leader.  "We, the people" is the legitimate power, and Trump claims to represent it. Trump's base is a group within the American polity, the real Americans, defining as outsiders the people Democrats are inviting in to share power and equal respect and dignity. 

He asserts executive power and, backed by an Attorney General who supports an unaccountable executive, he openly flouts the Constitution on the spending power of Congress, on the rights of Congress to do oversight, the need to honor subpoenas, engages in self dealing and emoluments, and now in the Ukraine matter, uses executive power to get foreign assistance to assist his own re-election. 

How can he get away with this? Trump is giving Republican voters what they want. Tax cuts. Judicial appointments. Validation of the centrality of native born, white, Christians, through his aggressive blunt contempt of liberals, feminists, and urbane challengers to that centrality. Trump's manner is not a bug. It is a feature. His supporters share his contempt and love his unapologetic expression of it. He is on their side.

Trump was elected by and into a Constitutional Republic, but he is governing as a popular ethno-nationalist demagogue. 
Click: Unaccountable executive

"Defend the Constitution" lacks the passion and immediacy of a speech calling a black opponent "Low IQ" or telling an Muslim citizen to "go home." Republican voters are with Trump. It is not everyone, not even a majority, but it is enough.

The Constitution will not be defended by "the people." as the writers of the Constitution knew well. The popular will wants what it wants. The Constitution will be defended, if at all, by officeholders who may agree with the leader's policies, but who oppose his circumventing their power as Members of Congress and the Senate. Their ambition would check his ambition. 

In this instance, it would be the job of GOP officeholders to choose to defend the Constitution. It isn't happening. 

[My thanks to Constance Hilliard for introducing this topic. Constance Hilliard is a professor of History, with a focus on African History and the History of Black Women in America. She wrote Strengthening the Bell Curve   Her recent research has been on the ecology of diseases, looking at osteoporosis, cancer, and kidney disease among Afro-Americans.] 




3 comments:

Ayla said...

America's constitutional republic died in 2000, when the Supreme Court named Bush as president, and the citizens shrugged and accepted it without filling the streets and staying there until all votes were counted.

America's constitutional republic has proven itself unable to provide a good life for all its citizens, as other modern industrialized countries do. Can't have universal health care, can't have a living wage, can't have housing for all, can't protect citizens from predatory banks.

Does the elite want to restore America's constitutional republic as an end in itself? Is the 'constitutional republic' more important than the quality of life of citizens living in this land?

Such a profound system failure as the Trump presidency indicates we need a new system.

Rick Millward said...

"Republican voters are with Trump. It is not everyone, not even a majority, but it is enough."

Rewrite this sentence with was instead of is and you correctly state what history will say about this era. It was enough, but I don't think it's necessarily a failure of the system, but rather a "perfect storm" of several factors that induced a hiccup into what has been slow but steady progress towards a social democracy. We all chafe at the pace of political change, especially younger people who have lived through this era of rapid technological advances, but the Ship of State ain't a speedboat; it will take some time to get it back on course.

Republicans have made a fatal error in backing Trump. It is the end of their party, that much is clear. Not if but when. The Regressive values they have embraced to hold onto power, their fickle and misinformed base, will evaporate when it becomes clear to them that they have been duped, and it will.

I think even the most cynical and apathetic among us are coming to the realization that a society cannot regress, rights once acknowledged cannot be withdrawn, injustice and oppression won't be allowed to return. This is the tipping point we are approaching. Moderate Democrats don't have the luxury of conciliation with Regressives any more; they have to choose a side.

Republicans have.

Ayla said...

Thanks for the link to Krystal Ball in your blog the other day re Mayor Pete.

Yesterday, Krystal said she thought Kamala Harris would be dropping out soon. Today, Harris made the announcement, surprising many people -- but not Krystal. Sharp young analyst.

https://twitter.com/krystalball/status/1201944740226355203