Explaining GOP behavior

If only Chuck Tilly were still with us … I’d give a lot to hear his interpretation of the behavior of GOP officials throughout large swaths of the country, in state governments and in Congress. But I’d like to hear from Cicero, Machiavelli, and Hannah Arendt as well. Perhaps only theorists who have witnessed the collapse of a republic can find the words necessary to describe our current condition when it comes to the behavior of our GOP politicians. What has become of a simple and principled dedication to the principles of democracy? What has become of politicians who care more about the wellbeing of our country than about their own political fortunes? What has become of integrity?

Think of the range of extremism from the right to which our country is now subject: extremist elected officials like Marjorie Taylor Greene, Matt Gaetz, Josh Hawley, and other seemingly unhinged political voices channeling QAnon; servile compliance with the lies and authoritarian impulses of Donald Trump by establishment politicians like Mitch McConnell, Lindsay Graham, and Kevin McCarthy; and the concerted efforts by Republican majorities in Red states to restrict access to the right to vote, aimed at communities of color. These seem to be separate manifestations of a broad impulse towards raging, irrational authoritarianism on the part of virtually all segments of GOP leaders and rank and file politicians. There are the small number of anti-Trump Republican leaders like Liz Cheney, Mitt Romney, Ben Sasse, and others. But they seem to be almost invisible embers in the conflagration of our current crisis. 

So how should we understand the motivations of these various players? The first group seem easiest to understand. These are the political entrepreneurs selling their snake-oil to the extremist fringe, the base, of ideologically disaffected people on the extreme right. They both pander to these emotions of suspicion, distrust, antagonism, and hatred, and they fan them. This is the right wing extremism that Cas Mudde dissects in his books and writings about right wing populism (for example, The Far Right Today and (with Cristobal Rovira Kaltwasser) Populism: A Very Short Introduction).

The second group seems to fall in the obvious category of cynical, unprincipled, and craven politicians who have no commitments beyond their calculations about retaining their offices and keeping a majority of voters in their districts. His history makes it apparent that Mitch McConnell is nothing more than a cynical political operative in the strict Machiavellian sense. Manipulating outcomes in support of his party and his own personal political fortunes is his entire story. The Twitter hashtag #ProfilesinCowardice is entirely descriptive of this group.

GOP figures in the third group — elected officials holding majorities in legislatures in North Carolina, Georgia, Florida, Texas, Arkansas, … — are also unprincipled, but their motives are clear and goal-directed. They are looking to change the rules of the game, through gerrymandering, voter suppression, and new restrictions aimed at reducing the votes going to their Democratic rivals. This effort has been underway for decades and has accelerated in the past two years. Their efforts aren’t about ideology or rhetoric, but instead aimed at securing a permanent grip on power. They are blatantly anti-democratic; they care nothing about the sanctity of the vote and the right to vote for everyone, irrespective of race, wealth, or political preferences. They care only about their own party’s ability to dominate their state’s legislature. And there is a sub-text: the shifting demographics of the US population towards greater diversity is profoundly unsettling to these politicians, and they are doing what they can to stave off the political changes that these shifts seem to imply. (For extended analysis, see Kloos and McAdam, Deeply Divided: Racial Politics and Social Movements in Postwar America.)

The themes that cut across all three groups are insidious: white supremacy, xenophobia, rejection of the legitimacy of government, and a willingness to believe even the most absurd conspiracy theories. These themes contribute to a potent and toxic mix — witness the fantastically unconstitutional effort to enact legislation banning “Critical Race Studies” from schools and universities (link). How can such an effort be understood as anything but a totalitarian effort at imposing thought control on teachers and students? What became of our liberal conviction that independence of mind is a cherished part of a democratic citizen?

What is most worrying about these separate threads is how they converge on a broad and powerful assault on our democracy. And they come together as well in contributing to a broad anti-democratic constituency drawing large numbers of voters. 

Our democracy is at risk, and people of integrity need to speak up for our basic values: the rule of law, the fundamental equality of all, the inviolability of our rights and liberties, and the crucial requirement of neutrality of state institutions across persons and parties. Recall Steven Levitsky and Daniel Ziblatt’s fears for the trajectory and fate of contemporary American democracy in How Democracies Die:

But now we find ourselves turning to our own country. Over the past two years, we have watched politicians say and do things that are unprecedented in the United States—but that we recognize as having been the precursors of democratic crisis in other places. We feel dread, as do so many other Americans, even as we try to reassure ourselves that things can’t really be that bad here. After all, even though we know democracies are always fragile, the one in which we live has somehow managed to defy gravity. Our Constitution, our national creed of freedom and equality, our historically robust middle class, our high levels of wealth and education, and our large, diversified private sector—all these should inoculate us from the kind of democratic breakdown that has occurred elsewhere. 

Yet, we worry. American politicians now treat their rivals as enemies, intimidate the free press, and threaten to reject the results of elections. They try to weaken the institutional buffers of our democracy, including the courts, intelligence services, and ethics offices. American states, which were once praised by the great jurist Louis Brandeis as “laboratories of democracy,” are in danger of becoming laboratories of authoritarianism as those in power rewrite electoral rules, redraw constituencies, and even rescind voting rights to ensure that they do not lose. And in 2016, for the first time in U.S. history, a man with no experience in public office, little observable commitment to constitutional rights, and clear authoritarian tendencies was elected president. (1)

How can we find our way back to a shared social understanding — a social compact — about the framework of our democratic society and its crucial importance for the future of our country? How can political leaders and followers alike be helped to see that a democracy depends upon trust, upon dedication to the integrity of our political institutions, and a degree of good will by all for all? How can we reclaim our democracy from those who seem determined to destroy it?

The great threat to democracy

Democracies have fallen to strongmen, tyrants-in-waiting, bullies, thugs, spewers-of-bombast. But these powerful personalities are not the greatest threat to democracy today. The greatest threat is a loss of trust in the institutions and offices of a democratic society, on the part of the citizens of the democracy. And what are these institutions? Courts, judges, police; legislatures, representatives, agencies; election officials and procedures; tax authorities; presidents and governors.  

Here is a recent Pew survey on trust in government that provides disturbing reading (link).

As the report emphasizes, the current period is a low point in public confidence in government since the 1950s, with over 75% of the public expressing trust and confidence in government during the Johnson administration and under 30% expressing trust in government during the Trump administration. (At present only 9% of Republican and Republican-leaning voters express trust in government.) Here is a similar report from the OECD reflecting 2019 data (link), indicating a similar but less drastic fall in trust in European democracies as well.

In 2014 John Tierney undertook to analyze variations in trust in government across the states of the United States (link). The variation across the states is striking, from North Dakota and Wyoming showing levels of trust in excess of 75% and Illinois at about 28%. And Tierney tries to identify some of the factors that would help explain this variation. (It would be very interesting to re-examine Tierney’s analysis and the Gallup data for the past several years; it would seem likely that the data will have changed substantially since 2014.)

Why has there been such a precipitous decline in trust in our democratic institutions? This is not a mystery. Right-wing media, cynical politicians, lying youtubers, passionate conspiracy theorists … anti-democratic activists and opportunists have taken every opportunity to undermine, discredit, and subvert our political institutions. Right-wing politicians, cable news pundits, and social media voices actively seek to further their own careers and fortunes by actively generating suspicion, doubt, and mistrust of virtually everyone they can. Tucker Carlson is only the most visible example of this cynical and dishonest approach.

Why is the odious and deliberate strategy of cultivating mistrust so invidious to the future of democracy? Because our democracy depends crucially on the endurance and fairness of our institutions; but it is clear that institutions have no underlying, enduring source of stability. There is no solid granite underlying the judiciary or the system of voting; an institution lacks a “skeleton”. Unlike a towering modern building which maintains its integrity of steel girders long after its external architectural elements have degraded, an institution is more like a collective but real illusion. When we stop believing in the institution, it immediately begins to die. Institutions depend upon the continuing support and adherence of the individuals who fall within their scope. In a sense, institutions have more in common with the social reality of “money” than with that of a coral reef. In order for a paycheck for $1,000 to be real for me, I must also believe and understand that it is also real for other people — and that 1/100 of that check will buy a meal for two at Wendy’s and 1/4 of it will be accepted by my landlord as payment for a week’s rent. Without that collective ongoing belief in money, the currency has no social reality whatsoever. But likewise — citizens will engage in a system of voting only if they believe that the votes will be counted honestly and the candidate with the most votes will be sworn into office. 

What does it take to sustain trust in an institution? One favorable feature supporting trust is institutional transparency. “Blind” trust is hard to sustain; trust is more stable when it is based on a continuing ability for participants to see how the institution is functioning, how its actions and outcomes are brought about, how its officials and staffers conduct their work. This is the reason for “sunshine” laws about public institutions. And the less gap there is between private and public reasons for action, the more reasonable citizens will have confidence in their government.

A related feature of a trustworthy institution is the reputation for integrity possessed by its officers. If most citizens in a state have a fairly direct personal relationship with a handful of legislators, and if they believe, based on their acquaintance, that these legislators are honest and committed to the public good, then they are more likely to have confidence in the institution as well. (This is one of the arguments made by Tierney in the 2014 Atlantic article mentioned above.) Conversely, if legislators engage in behavior that makes the citizen doubt their integrity (corruption, lying, conflict of interest), then citizens’ trust in the institution is likely to fall.

A third feature of governments that instills trust in their citizens (highlighted by the OECD report above) is competence and effectiveness by government in performing the tasks needed to secure the common good. The OECD report summarizes its recommendations in these terms: 

OECD evidence shows that government’s values, such as high levels of integrity, fairness and openness of institutions are strong predictors of public trust. Similarly, government’s competence – its responsiveness and reliability in delivering public services and anticipating new needs – are crucial for boosting trust in institutions.

When governments fail in crucial tasks affecting the health and safety of large numbers of citizens — for example in managing COVID vaccination programs, or administering disaster relief after natural disasters — it is understandable that public trust in government would fall.

Several earlier posts (linklinklink) have explored the “moral emotions of democracy” and how to enhance them. Plainly, cultivating trust in our democratic institutions is an urgent need if our democracy is to survive. And, like a house of cards or a carefully balanced pile of field stones, our institutions will only be stable if there is a persistent pattern of mutual reinforcement among institutional rules, official behavior, and citizen awareness and trust in government.

(Pew has also done some important survey work on the challenge of regaining trust in democracy; link. Also of interest is a very interesting 2011 research conference paper by Juan Castillo, Daniel Miranda, and Pablo Torres exploring the connections that appear to exist between Social Dominance Orientation, Right-Wing Authoritarian Personality, and the level of trust individuals have in government; link. SDO and WRW are explored in an earlier post.)

(See Paul Krugman’s very ominous diagnosis of the state of our democracy; link.)

Remembering MLK

Our democracy is shaken by the extreme right today, and racism lies at the bottom of the fears and antagonisms that have been used to stir up violent actions and threats against our government and our democratic institutions. Republican leaders, Fox News executives and personalities, incendiary conspiracy-theory followers, ordinary Americans everywhere … step back from the precipice, recall for yourselves what our American democracy can be, and step back to embrace the democratic values that we all must share. Dr. King helped us with his vision and his activism. But more than fifty years after his murder, our country has not embraced the vision of equality and multi-racial democracy for which he advocated, and for which he gave his life.

Here is a beautiful contribution to the NPR Story Corps that records Clara Jean Ester’s memory of being present for Dr. King’s final speech in Memphis and his assassination at the Lorraine Motel (link). It is an amazing piece of historical memory and deeply moving. 

And here is a short excerpt from Dr. King’s speech at the National Cathedral on March 31, 1968, in which he speaks of the arc of history (link). It speaks to a fundamental confidence in the eventual triumph of the struggle for freedom and equality. Was Dr. King right?

We shall overcome because the arc of the moral universe is long but it bends toward justice. MLK, March 31, 1968

Trumpism and Hannah Arendt’s reflections on totalitarianism

In a recent post I considered Hannah Arendt’s reflections on what she termed the totalitarianism of Nazi Germany and the Soviet Union. Her observations in The Origins of Totalitarianism amount to less than a developed theory of a political system, and more of a case study of two unusual political regimes that did their ugliest work at roughly the same time in history. Are there any themes in Arendt’s observations that seem relevant to the current day, and the political experience of the last four years of the presidency of Donald Trump?

Plainly the United States did not become a dictatorship during the Trump years; it did not witness mass violence against “potential enemies of the state”; it did not result in the wholesale transformation of Federal police agencies into the private secret police of the Leader. The term “totalitarian” cannot be applied to the United States in 2020. The rule of law was repeatedly flouted by Trump and his administration, but in the end Trump did not prevail in his most authoritarian impulses.

And yet there are a number of worrisome parallels between Arendt’s diagnosis of the workings of the National Socialist and Soviet regimes and the political developments we have witnessed in the United States since 2017. Here are several that seem salient.

Orientation of politics towards an all-encompassing ideology or world-view, often involving racism and social division. It is Arendt’s view that totalitarianism is defined by ideology, whether left or right, secular or religious, coherent or incoherent. Hitler’s commitment to world hegemony and his profound program of anti-Semitism constituted an ideological system which governed virtually all actions of the Nazi regime, according to Arendt. Likewise, the Soviet Union was guided by a mish-mash theory of communism that it pursued at all costs. It is plain that Trumpism possesses an ideology and a worldview, and that this ideology has substantial components of racism, division, and hate. Moreover, Trump’s coterie has included ideologues like Steve Bannon and Stephen Miller who actively worked within the administration to turn the details of that ideology into policies and actions. It hasn’t seemed to matter that the premises of this worldview are odious to the majority of Americans, or that the policies that emanate from this worldview are objectively harmful to US economic and international interests; the ideology drives the actions of this administration. And it is quite clear that Trump’s base of supporters — perhaps 40% of voters — have bought into the ideology, thanks to the persistent propaganda offered by right-wing social media, YouTube conspiracy videos, Fox News, and Trump’s own Twitter feed. 

Consistent and sustained efforts at destroying liberal political institutions. Arendt documents the consistent strategies used by Hitler and Stalin to destroy institutional and legal obstacles to their will. Trump’s obvious and continuing contempt for the institutions of law, the processes of elections, and the judiciary makes plain his desire to cripple or destroy the institutions and practices of liberal democracy that interfere with his exercise of personal will. His willingness to assault the judiciary when it fails to support him and his relentless attacks on the press illustrate the same impulse.

Use of violence-prone paramilitaries to further political objectives. Arendt documents the crucial role that violent paramilitary organizations played in the rise of Hitler to power, and to his continuing exercise of power. This appeal to illegal violent actions was subsequently incorporated into the workings of elite secret police groups like the SS. Trump’s unwillingness to denounce the violent behavior of white supremacist groups who use violence and the threat of violence to press for Trump-ideology policies is well known. It seems evident that he welcomes threatening demonstrations by armed groups like the Proud Boys in support of his groundless claims of “election fraud”. And his administration’s appalling use of armed and anonymous Federal officers in unmarked vans to quell protests during the months of Black Lives Matter protests is very reminiscent of both Germany and the USSR during the worst times.

Fundamental deference to the Leader. Arendt argues that the totalitarian regimes of Germany and the USSR differed from other dictatorships in the extreme power and voice they created for the Leader — Hitler or Stalin. In Arendt’s view, both Hitler and Stalin were highly adept at preventing the emergence of possible coalitions of policy-makers, generals, or bureaucrats who could oppose their will; instead, the ultimate authority was in the hands of the Leader, and subordinates were subject to constant suspicion and threat of dismissal, arrest, or death. Trump hasn’t locked up his subordinates for perceived disloyalty; but he has taken consistent steps to take away the power of agencies (EPA, CDC, State Department, Interior, Voice of America), to appoint loyalists in every possible position, and to remove subordinates who failed to show the required level of deference to his Twitter preferences. His plain view is that he is “the decider” and that every office of government needs to follow his will.

Persistent use of lies and fabrications. Arendt refers to the worldview of the Nazis or the Stalinists as a false reality, a fake world, and the whole force of the propaganda tools of the party and state is devoted to making people believe the false narrative rather than the obvious truth. This is highly resonant with the experience of politics under Trump’s direction over the past four years. How many lies have Trump and his many spokespersons and advocates told since January 2017, beginning with lies about the size of the Inauguration crowd? The number is astounding. Some of the lies are laughable — crowd size, for example; and others are seriously dangerous to our democracy — lies about fraud in the 2020 election. Lying and fabrication are regarded as perfectly legitimate political tools by the Trumpist party, and the lies are believed by “true-believer” followers.

Intimidation and cooptation of legislators and political leaders. What about the other powerful actors in society — in the Weimar Republic during Hitler’s rise, or within the Communist Party before Stalin’s absolute hegemony was established? These independent sources of political power could not be tolerated by the Leader — Hitler or Stalin. They needed to be coopted, or they needed to be eliminated. Hitler and Stalin used both strategies. Trump has only needed the strategy of cooptation and intimidation; he has succeeded in threatening, intimidating, and coopting the members of his party to provide almost unconditional support for his most outrageous demands. This has been most evident during the period since November 3, when any honest observer will recognize that a fair election took place and Trump lost; whereas the vast majority of GOP legislators and other leaders have fallen in step behind Trump’s groundless claims about election fraud. (Here is an earlier discussion of the phenomenon of “collective abdication” in times of political crisis; link.)

Fellow-traveler organizations. Arendt maintains that Nazi and Soviet dictatorships differed from other forms of authoritarian states in their efforts to cultivate and convey power through “fellow traveler” organizations — social and political organizations that were not part of the Nazi Party or the Communist Party, that were not visibly committed to the most extreme ideological positions of the party, and yet that were supportive of its ideological goals and positions. Arendt believes that this was a key mechanism through which these parties gained mass following — even when their actions were contrary to the interests of many of the men and women who supported the “fellow-traveler” organizations. This feature seems relevant to our current circumstances when one considers the common view, “I don’t support all of the President’s wildest views, but I like his style.”

So it turns out that Arendt’s analysis of the totalitarianism of the 1930s and 1940s highlights a number of important features that are familiar from the political strategies of Trumpism. Trump’s presidency has involved a mass-based movement mobilized around a unified ideology that isprofoundly contemptuous of existing political institutions and that embraces the symbols and reality of political violence. Further, this movement is organized around a provocative and boundary-smashing Leader who promotes lies and fabrications as basic tools of political advancement, and who makes racist antagonism against a part of the population a central theme of mobilization. And we have the phenomenon of moral abdication by other leaders and political power-holders in the face of the Leader’s will — perverse and anti-democratic as it may be. Thus Arendt’s inventory of totalitarian methods shines a bright light on the perils Donald Trump has created for our democratic institutions, practices, and values. Donald Trump did not create a totalitarian state in America. But he and his collaborators embodied many of the techniques and practices that resulted in anti-democratic, authoritarian regimes in other countries in the last century, and they have created genuine risks for the future of our own institutions of liberal democracy. 

Hannah Arendt was writing about other countries, and she wrote over fifty years ago about events that took place as long as eighty years ago. So maybe her observations are historically irrelevant to the politics of the present day. But recall Steven Levitsky and Daniel Ziblatt’s contemporary fears for the trajectory and fate of American democracy in How Democracies Die:

But now we find ourselves turning to our own country. Over the past two years, we have watched politicians say and do things that are unprecedented in the United States—but that we recognize as having been the precursors of democratic crisis in other places. We feel dread, as do so many other Americans, even as we try to reassure ourselves that things can’t really be that bad here. After all, even though we know democracies are always fragile, the one in which we live has somehow managed to defy gravity. Our Constitution, our national creed of freedom and equality, our historically robust middle class, our high levels of wealth and education, and our large, diversified private sector—all these should inoculate us from the kind of democratic breakdown that has occurred elsewhere. 

Yet, we worry. American politicians now treat their rivals as enemies, intimidate the free press, and threaten to reject the results of elections. They try to weaken the institutional buffers of our democracy, including the courts, intelligence services, and ethics offices. American states, which were once praised by the great jurist Louis Brandeis as “laboratories of democracy,” are in danger of becoming laboratories of authoritarianism as those in power rewrite electoral rules, redraw constituencies, and even rescind voting rights to ensure that they do not lose. And in 2016, for the first time in U.S. history, a man with no experience in public office, little observable commitment to constitutional rights, and clear authoritarian tendencies was elected president. (1)

Here is Robert Paxton’s definition of fascism in his very good book on the origin and dynamics of twentieth-century fascism, The Anatomy of Fascism:

A form of political behavior marked by obsessive preoccupation with community decline, humiliation or victimhood and by compensatory cults of unity, energy and purity, in which a mass-based party of committed nationalist militants, working in uneasy but effective collaboration with traditional elites, abandons democratic liberties and pursues with redemptive violence and without ethical or legal restraints goals of internal cleansing and external expansion. (218)

Paxton’s analysis is drawn from the history of Italian and German dictatorships; but the terms of this definition are disturbingly contemporary. Only the goal of “external expansion” finds no real counterpart in Trumpism; it is replaced by an aggressive doctrine of “America First!” as the keystone of international policy.

Now is a good time to re-read Tim Snyder’s observations and advice in On Tyranny: Twenty Lessons from the Twentieth Century. Here are five observations from On Tyranny that seem especially pertinent.

1 Do not obey in advance. Most of the power of authoritarianism is freely given. In times like these, individuals think ahead about what a more repressive government will want, and then offer themselves without being asked. A citizen who adapts in this way is teaching power what it can do.

2 Defend institutions. It is institutions that help us to preserve decency. They need our help as well. Do not speak of “our institutions” unless you make them yours by acting on their behalf. Institutions do not protect themselves. They fall one after the other unless each is defended from the beginning. So choose an institution you care about—a court, a newspaper, a law, a labor union—and take its side.

3 Beware the one-party state. The parties that remade states and suppressed rivals were not omnipotent from the start. They exploited a historic moment to make political life impossible for their opponents. So support the multi-party system and defend the rules of democratic elections. Vote in local and state elections while you can. Consider running for office.

6 Be wary of paramilitaries. When the men with guns who have always claimed to be against the system start wearing uniforms and marching with torches and pictures of a leader, the end is nigh. When the pro-leader paramilitary and the official police and military intermingle, the end has come.

20 Be as courageous as you can. If none of us is prepared to die for freedom, then all of us will die under tyranny.

Conservative and progressive forms of democracy

An earlier post suggested that we cannot really address the issue of the stability of liberal democracy without considering issues of economic justice as well. 

It is worth separating the features of a modern society into the “liberal democratic” cluster and the “social democratic” cluster for a reason that is familiar from Rawls (Justice as Fairness: A Restatement). Rawls argues that the stability of a just society depends on finding an “overlapping consensus” of values that converge to provide support for the existing system. Different groups have different “comprehensive conceptions of the good” which disagree with each other and give rise to different goals for legislation. But agreement about rights and democratic process may provide a basis for an overlapping consensus across these differences. In the United States and Britain it seems that agreement about individual rights and liberties and the institutions of majoritarian democracy are likely to fall within the overlapping consensus in those countries, whereas the social and economic assumptions of the “social democracy” cluster are likely to remain controversial and to fall outside the overlapping consensus. This seems to imply that the social-welfare and redistributive provisions of the social-democracy cluster are appropriate content for majoritarian legislation, not constitutional stipulation.

So let’s consider the issue in a broader canvas. Suppose that we are thinking of a just liberal democracy as including these elements, as outlined in the prior post: (1) a set of constitutional guarantees of equality and key individual rights, and (2) a set of social and economic guarantees establishing a reasonable level of human wellbeing for all members of society. Together these clusters of features establish the nature of a social democracy. These ideas capture the idea of equal freedom and rights within an overarching system of law, in which each individual is free to pursue his/her purposes as desired, limited only by the constitutional and legal protections of the rights of others, and the rights of the minority. Further they capture the value of the equal worth of liberty — the material requirements necessary for the exercise of freedom. And they conform well to Rawls’s principles of justice; the “constitutional guarantees” spell out an interpretation of the liberty principle, and the “social-economic guarantees” spell out an interpretation of the difference principle.

But here is the complication. “Liberal democracy” is best defined as a system that embodies a constitutional system that establishes inviolable rights and liberties for all individuals along with majoritarian principles in the establishment of legislation. The constitutional protections are prior to majoritarian legislation in the sense that ordinary legislation does not have the authority to create laws that violate the rights guaranteed in the constitution. (The constitution can be amended, of course, through a clearly defined process, and a process that generally involves a super-majority for completion.) But the “social democracy” provisions fall outside the overlapping consensus, and they would need enactment through normal majoritarian processes of legislation.

So the two groups of items do not play the same role within a given liberal democracy. The items mentioned under the list of liberal guarantees of equal rights are constitutional provisions, not subject to ordinary majoritarian legislation. But the items listed under the “social democracy” clauses are not constitutional provisions; rather, they would be established through ordinary political processes of legislation and majoritarian politics. This is because legitimate disagreement over these provisions persists among reasonable people, and therefore these provisions do not fall within the “overlapping consensus”. (This distinction parallels the structure of the Universal Declaration of Human Rights, in that the first batch of rights are “negative” rights, while the second batch are “positive” rights.)

And we are forced to ask the question: in a modern society much like our own, governed by constitutional protections like those listed in (1), would the provisions described in (2) ever be enacted through a democratic majoritarian process of legislation? It is clear that in most advanced democracies the statements under (2) fall at the heart of profound political and ideological disagreements: the idea of using the coercive power of the state to limit inequalities of wealth, the idea of using taxation (redistribution) to provide for basic amenities for poor people, the idea of establishing strong regulatory systems designed to protect the health and safety of the public — these are all policies that are strongly opposed by conservatives. These are precisely the kinds of issues over which parties of the left and the right disagree in many democracies; in Britain the Conservatives reject the redistributive policies advocated by Labour Party, in the US the Republicans reject “welfarist” or “socialist” policies advocated by the Democratic Party, and so on. The ensemble of assumptions listed here describes “liberal social democracy”, which is a substantively stronger assumption about a just society than simply a “liberal democracy”.

Crucial parts of a progressive agenda for a just society are encompassed by the constitutional assumptions listed here. Liberal democrats are anti-racist, anti-discrimination, political-egalitarian, and insistent on equal and neutral application of the system of law. And historically, many conservative leaders and parties have shared these commitments. But progressives and conservatives are likely to disagree strongly about the second batch of assumptions about a good society. And since we are committed to democracy, we are committed to the idea that a functioning democracy that respects the provisions of (1) but rejects one or more provisions of (2) is no less democratic for that difference.

So the question comes down to this: would the system that combines (1) and (2) — a liberal social democracy — find majority support in some or many existing democracies?

It would seem that there is nothing in the social-democracy list of conditions (2) that would be limiting or unpalatable for most ordinary people; on the contrary, these circumstances of an effective liberal social democracy would seem to be ideal for ordinary people to fulfill themselves and to live satisfying lives. And these arrangements seem to give a basis for confidence in the wellbeing of future generations as well.

But not everyone would reach the same judgment about these arrangements. Here are some likely exceptions.

  1. People who expect to be super-rich. Their wealth and their political influence are likely to be limited and constrained by these arrangements.
  2. People who want to exercise authority and privilege over others — based on race, ethnicity, sex, or other human categories. The arrangements described here are specifically designed to prohibit and deny practices that embody domination and control — racial, ethnic, or gender superiority.
  3. People who feel that their own value system, or their religious system, is inherently correct and privileged, and would not want important social decisions to be left to the rule of law and the will of the majority.
  4. People who are ideologically committed to the principle of a minimal state: no use of the coercive power of the state beyond the maintenance of order, defense, and the bare minimum of regulation for health and safety. 

These are the kinds of exceptions that Rawls attempts to head off using the idea of the veil of ignorance: if people don’t know that they are rich, male, white, Christian, or powerful, then they are well advised to protect their future selves by favoring principles of equal liberties, minimal inequalities, and strong guarantees of basic wellbeing. Rawls believes we get unanimous rational support for a just society if participants do not know their eventual position in that society. Behind the veil of ignorance everyone would support the arrangements of a liberal social democracy.

But real political disagreements do not take place behind a veil of ignorance. In realistic arenas of political disputes we have to accept the fact that individuals have full knowledge of their positions, including wealth, power, race, religion, ideology, and sex. Under those conditions we can expect that individuals will form their political beliefs and affinities in consideration of their interests, values, ideologies, and predilections (including possibly “social dominance orientations” or beliefs of racial and ethnic superiority). They will give their support to candidates and parties that best conform to those beliefs and affinities. And there are some configurations of interest and affinities that would lead individuals to support an authoritarian party or leader whom they expect to favor their interests (and whom they believe they can collectively influence and control). Given that the majority of voters are likely to support the institutions and values of a liberal social democracy, this means that these anti-liberal voters are inclined to favor the fortunes of political parties committed to minority rule over the majority. Here is the authoritarian impulse from the populist voter’s point of view: “This particular authoritarian populist politician shares my values and will act in such a way as to impose them on society; I can trust this politician to serve my interests and values.” 

Here is what the populist anti-liberal strategy looks like: identify groups of potential supporters, based on mistrust of other racial groups, antagonism towards elites and urban populations, as well as support motivated by fervent religious and ideological activism; identify potential sources of large-scale funding for political mobilization among the super-rich who will benefit from anti-liberal economic and tax policies (e.g. Koch brothers, Sheldon Adelson); identify powerful communicators in media, social media, and other venues to craft and disseminate effective mobilization messages (Fox, Sean Hannity, Tucker Carlson); pressure and subvert traditional conservative political organizations in support of the radical populist agenda; and — as Steve Bannon said — “wage war on liberals”. This strategy isn’t likely to produce an electoral majority, but it doesn’t need to, if it is possible to suppress the votes of the other side and to achieve power through other means.

In fact, we seem to be in such a circumstance at the present moment in the United States. The presidential election took place more than four weeks ago, and Joe Biden has beaten Donald Trump by more than seven million votes, and has won a sizable majority in the Electoral College. And yet there appear to be many millions of citizens who continue to support Trump during his undisguised attempt to overturn this democratically completed election. Millions of voters are apparently untroubled by this authoritarian “strongman” effort to remain in office following decisive electoral defeat. For these voters the stability and persistence of our constitutional democracy is not of primary concern; rather, they believe the strongman will serve them well. And his willingness to subvert and destroy our democratic institutions does not discredit him in their eyes.

This line of thought leads to a nightmare possibility: neither “laissez-faire” democracy nor social democracy is politically stable. Neither traditional conservative Republican economic policy nor reform-minded Labour or Democratic policies can retain a majority. Laissez-faire democracy loses support because it creates increasingly intolerable conditions for a growing proportion of the working population; social democracy loses support because right-wing populist political movements are able to use their mobilization strategies to gain support from the less-well-off segments of the ordinary working class population. The winner? Right-wing populist illiberal democracy, with strongman populist authoritarianism in the driver’s seat. And we have precisely such examples in the world today, in the form of Turkey’s Recep Tayyip Erdoğan and Hungary’s Viktor Orban.

Social democracy, unbridled capitalism, and right-wing populism

An earlier post raised the question of popular support for — satisfaction with — the state of democracy in many democratic nations. It was noted that levels of satisfaction are low in many democracies — US, UK, France, and Spain, for example (link). There I defined liberal democracy in these terms: a political system in which there are strong protections for the rights and liberties of all citizens, including minority groups, and which embodies effective institutions of electoral representative democracy and equal rights of political participation. We were then led to question whether citizens in a liberal democracy would develop strong “civil loyalty” to the institutions and values of democracy.

But this is deliberately a narrow way of posing the question. It asks a question about the political institutions of a country, but is silent about the economic and social institutions. And it is possible, or likely, that dissatisfaction in the US, UK, or France is based on economic or social dissatisfaction rather than frustration with the system of individual rights and majoritarian government by itself. So, for example, Justin Gest argues in The New Minority: White Working Class Politics in an Age of Immigration and Inequality that the marginalization and disaffection of white working class men and women in Youngstown, Ohio, and East London, UK, stem from social and economic causes as well as frustration with the system of electoral politics in which they find themselves.

There are at least two important schools of thought about the character of the social and economic arrangements suitable to a free society of equals. The laissez-faire philosophy — unbridled capitalism — entails that property rights should be subject to minimal constraint, and only for the purpose of fair taxation in support of legitimate (and limited) governmental functions. This philosophy depends upon a specific theory of liberty — liberty to own property as a fundamental aspect of one’s nature as a free human being. Freedom means pursuing one’s own plans in one’s own way, without unjustified interference by the state. This is an idea familiar from John Locke and Robert Nozick.

The social-democratic philosophy takes “freedom” in a broader and more comprehensive form: a person is free when he or she has both the liberty and the capacity to pursue important life objectives in an autonomous way. And having the capacity means having access to the basic essentials of a fully productive life: adequate income, effective education and training, decent housing, sufficient nutrition, access to healthcare, and security in the face of life’s common sources of insecurity. On this conception of freedom, the state needs to be organized in such a way that the political liberties of individuals are respected and — through one set of institutional arrangements or another — individuals have the ability to develop and realize their talents through access to these essentials of life. This positive conception of human freedom — “freedom to … ” rather than “freedom from …” — has its affinities with the political philosophies of Rousseau and Sen.

More specifically, the social-democracy philosophy holds that property rights can be constrained for two separate reasons: for the purpose of limiting “invidious and unjustified” economic inequalities, and for the purpose of supporting the costs of government programs that provide amenities to citizens: free public education, access to healthcare, unemployment and disability insurance, housing assistance, childcare assistance, nutrition assistance, …. There is also an underlying idea about society as well — not simply a neutral playing field where individuals compete against each other, but as a system of cooperation in which everyone gains from the cooperative actions of others.

Suppose that we are thinking of a liberal democracy as including these elements, with a choice in the “flavor” of economic arrangements:

1. Constitutional guarantees

a. a constitution establishing key human rights and freedoms — freedom of thought and expression, freedom of conscience and religion, freedom of association, equal rights under the law.

b. a political system of equal rights of political participation — voting, competing for office, advocacy of policy and legislative initiatives, …

c. an effective constitutional protection for full and fair equality of economic and social opportunity

d. a representative democracy embodying the principle of equality of influence for all citizens (no privileging of influence for one group or community over another through artificial barriers to participation)

2a. Social democracy

a. a social-economic system that limits the extent of inequalities of wealth and income

b. a social-economic system that succeeds in satisfying the basic human needs of all members of society — education, healthcare, access to decent housing, …

c. a system of law and regulation that ensures public health, wellbeing, and safety

d. a fiscal system that suffices to ensure limitations on wealth and provision of mandatory social services and benefits

2b. Laissez-faire democracy

a. a social-economic system that enables all citizens to purchase and sell capital and labor power through fair markets without coercion.

b. a minimal “social security” net to prevent starvation in times of dearth.

c. a system of law and regulation that maintains public order, enforces individual rights, and ensures the requirements of a fair market system.

d. a fiscal system that suffices to provide funds necessary for (b) and (c) as well as national defense.

Liberal laissez-faire democracy is characterized by (1) and (2b), while liberal social democracy is characterized by (1) and (2a), and the major ideological divide between progressives and conservatives involves disagreement over the choice between (2a) and (2b). 

Now we can ask two fundamental questions. Which system is likely to be supported by a majority of citizens through the democratic political processes guaranteed by a constitution along the lines of (1)? And which system is likely to give rise to strong sentiments among its citizens of civic loyalty and satisfaction for the resulting social-economic-political system?

Many people would argue that a society is unjust if there is such a division between rich and poor that — as a practical matter — the life prospects for the less-well-off are dramatically worse than those of the rich. The laissez-faire model (2b) is almost certain to lead to exactly such extreme inequalities between rich and poor, and to create a social and economic environment in which the wellbeing of the well-off is dramatically and visibly superior to that of the less-well-off. And, further, it can be strongly argued that the provisions of (2a) work to substantially lessen those unjust inequalities. 

This would be a reason for citizens in the less-well-off population to support legislation establishing the provisions of (2a); and given the relative sizes of the populations of privileged and non-privileged people, one might expect that there would be an electoral majority in favor of (2a). But the history of many western democracies suggests that the political consensus for the measures of social democracy — a strong welfare state — is difficult to sustain. Conservative and right-wing populist parties are currently in the ascendant.

So we seem to have reached a conundrum: liberal social democracy is likely to do a substantially better job of ensuring the freedoms and wellbeing of the great majority of the population than liberal laissez-faire democracy, and the level of satisfaction and civil loyalty of the majority of the population is likely to be higher under this system than its contrary. And yet the political strategies available to conservatives — including strategies of ethnic, racial, and regional antagonism and division — have often permitted them to gain electoral support for the provisions of laissez-faire economic arrangements. They can’t make their political arguments on the basis of traditional conservative economic arguments, which have all the persuasive power of a really great North Korean feature film — that more inequality is better for everyone because growth trickles down, or that corporations are naturally disposed towards enhancing the public good, or that “creative destruction” and loss of decent jobs is good in the long run; so they are forced to turn to “cultural” issues.

Seen in this light, the politics of right-wing populism make sense as a winning strategy through which economically privileged groups  are able to gain the support of working class voters in favor of economic and tax policies that objectively work to their disadvantage. Racism, nationalism, divisive demagoguery, and hot-button “social” issues like abortion, gun rights, and the Confederacy prove to be potent political motivators. But the irony is that a successful social democracy might well have created conditions of fairness and equality for all segments of society that would deflate the appeal of right-wing populism. 

Making the case for liberal democracy

Recent posts have considered the question of whether liberal democracy is stable, or whether the assaults on liberal democracy by the populist far-right are likely to further undermine democratic institutions and values. In particular, I have considered the question of whether democracy generates its own supporting political psychology (as Rawls seems to believe), with citizens in a just society coming to have the moral emotions necessary to sustain robust public support for democratic institutions and arrangements. I’ve been using the phrase “civic loyalty” to capture the ensemble of political emotions that might serve to reinforce the stability of a democracy.

But there is a prior question to explore before we get to esoteric reasoning about democratic social psychology: is liberal democracy an attractive ideal for most ordinary people? Do the institutions and values of liberal democracy hang together as a durable system that would give virtually all clear-headed people a reason to prefer democracy over available alternatives — let us say, illiberal democracy or populist authoritarian rule?

Suppose we define liberal democracy as a political system in which there are strong protections for the rights and liberties of all citizens, including minority groups, and which embody effective institutions of electoral representative democracy and equal rights of political participation. Now the question is a relatively simple one: assuming this kind of political system is functioning as advertised, would citizens find these arrangements satisfying and fulfilling, and would they develop civic loyalty in their support? Are these institutions valued by the citizens who live in countries in which they are present? Would every citizen have an interest or inclination in supporting the continuing effectiveness of this set of constraints and institutions?  

The results of recent public opinion research are not encouraging. For example, a 2020 Pew Research study (link) based on a 2019 Global Attitudes Survey across many countries showed declining levels of satisfaction with democracy among citizens in numerous countries, with 59% of US respondents “not satisfied” against 39% of US respondents “satisfied”. And the “not satisfied” numbers are comparable or worse for France, Spain, Italy, UK, Bulgaria, and Greece. The highest levels of satisfaction with democracy found in the study include Sweden (72%), Netherlands (68%), Canada (66%), Poland (66%), and Germany (65%).

These levels of dissatisfaction are surprising and disturbing. For most of the decades since the end of World War II the common assumption among observers is that the great majority of the population are satisfied and grateful for the freedoms and the rights of political participation that we have in the United States. It is surprising to discover in the past two decades, then, that satisfaction with this system of freedoms and political participation has fallen in the general population; and it is ominous to recognize that there are well-organized political movements in the United States and elsewhere — right-wing populist movements — that reject the premises of human equality and democratic participation that underlie our political system.

This seems to imply that liberal democracy does not automatically generate the political psychology it needs for stability — at least not in a super-majority of its citizens. Instead, maintaining the conditions of a liberal democracy is itself a problem of democratic politics and strategy. And very deliberate conservative, anti-liberal politicians have been making the opposite case for several decades in the United States. The undermining of confidence and faith in democratic institutions by the GOP and Fox News did not begin in 2016.

In other words, the program of supporting liberal democracy and the political rights and liberties it encompasses is now just one more topic of political conflict. The values of equality, liberty, and unity as a nation are now up for debate. Democrats advocate for the institutions and values of democracy, and right-wing populists actively advocate for a vision of the future in which those institutions and values play a diminished or even vanished role.

Democrats and progressives have largely believed that the political contest in the United States between “liberals” and “conservatives” is over specific legislative policies: taxation, environmental regulation, use of force by police, limitations on the extent of inequalities, and so on. But actually, it seems apparent that the contest now must also include marshaling support for our constitutional democracy itself: the integrity of elections, equal voting rights for all citizens, constitutional protections of individual rights and freedoms. We do not currently have a broad consensus about the value and inviolability of our constitutional democracy throughout the whole population. We seem to have evolved into a country which is divided between the party of democracy and the party of minority rule by any means possible. This must be addressed through political means. 

Parties, politicians, civic organizations, and citizens who favor the institutions of liberal democracy must therefore take an active role in building political consensus around our democratic institutions. They must persuasively make the case to enough of the rest of the population to maintain broad and deep commitment to the values of constitutional protections of our rights and the institutional fairness of our electoral processes. They must build the case through mobilization, communication, and leadership in ways that inspire millions to share their cause. They must persuade other citizens to support the agenda of liberal democracy and to resist the suasion of the illiberal parties, the authoritarians, and the hate-based parties. (This is the thrust of the very interesting report released this year by the American Academy for the Advancement of Science, Our Common Purpose: Reinventing American Democracy for the Twenty-first Century (link).)

The election of 2020 has a clear lesson for people who care about democracy in America. We now need to actively build and mobilize mass support for our democratic institutions, across all segments of our population. It is an open question whether we will be able to succeed in doing that, and if we fail, the future of our democracy is in doubt.

But there is another important lesson about legitimacy that emerges from the recent fortunes of liberal democracy: that political justice — constitutional protections of rights and liberties — by itself is probably insufficient to generate strong satisfaction and civic loyalty among the great majority of citizens. People are concerned about economic justice and fairness as well as political rights and electoral democracy. American society (and perhaps French and British society as well) has fallen behind on issues of economic justice, with rapidly rising inequalities between rich and poor, declining availability of “middle class” jobs in an increasingly globalized economy, declining opportunities for social mobility for people in the bottom 50% or more of the economic ladder, and continuing discrimination and disparity across racial, ethnic, and gender lines. These are some of the factors that observers like Justin Gest have highlighted in explanation of “white working class disaffection” with the existing order, and it is hard to see how broad civic loyalty will be rekindled until there is a broader reality of social equality, equality of opportunity, and solidarity across all segments of society that would allow all members of society to believe that “democracy and wellbeing are for all of us”. Protecting our liberal democracy means taking concrete, meaningful measures through legislation to increase the basic economic fairness of our market economy.

The moral force of the US Constitution

Why should we revere our constitution as the fundamental set of political and moral principles underlying our democracy? Is it simply because it was written and adopted by the “Framers”? Is it because it has legitimacy as a whole by having been democratically ratified through our history? Or, most fundamentally, is it because there are compelling arguments of political morality for various of the individual stipulations of the constitution and the Bill of Rights? This latter view is essentially the position advocated by Ronald Dworkin as a fundamental premise of constitutional interpretation in Freedom’s Law: The Moral Reading of the American Constitution. Here is a clear statement of Dworkin’s view of the moral interpretation of the US Constitution:

The book … illustrates a particular way of reading and enforcing a political constitution, which I call the moral reading. Most contemporary constitutions declare individual rights against the government in very broad and abstract language, like the First Amendment of the United States Constitution, which provides that Congress shall make no law abridging “the freedom of speech.” The moral reading proposes that we all–judges, lawyers, citizens–interpret and apply these abstract clauses on the understanding that they invoke moral principles about political decency and justice. The First Amendment, for example, recognizes a moral principle–that it is wrong for government to censor or control what individual citizens say or publish–and incorporates it into American law. So when some novel or controversial constitutional issue arises–about whether, for instance, the First Amendment permits laws against pornography–people who form an opinion must decide how an abstract moral principle is best understood. They must decide whether the true ground of the moral principle that condemns censorship, in the form in which this principle has been incorporated into American law, extends to the case of pornography. (2) 

Dworkin formulates this idea at the level of constitutional interpretation; but his view also extends to the issue of legitimacy and authority of constitutional provisions as well. 

Christopher Peters characterizes this topic as the problem of “constitutional authority” (link), and his major law review article on the subject is well worth reading. Constitutional authority is important because it is the feature that gives us a reason to consider a constitutional provision normatively and legally binding. Peters argues for a procedural theory of constitutional authority: a constitutional provision has authority if it was enacted in a procedurally correct way, and lacks authority if it was not so enacted (439).

I contend that the only plausible justification of constitutional authority is not substantive in this sense, but rather procedural: it requires obedience to the Constitution, not because of what it commands, but because of how it commands us—that is, because of the process by which constitutional commands are generated. (439)

He contrasts this with the “substantive” theory of constitutional authority exemplified by Dworkin, which he emphatically rejects. In particular, he argues for a condition of “content-independence” for constitutional authority: “An authority’s right to be obeyed also exists regardless of the moral content of what the authority is commanding…. A command possesses authority if it imposes a defeasible content-independent moral obligation to act as the command directs” (442, 446).

For a variety of reasons, I like aspects of both substantive and procedural theories about the authority of constitutional provisions. There is a special force to provisions like freedom of speech or freedom of religion that goes beyond the force of merely reasonable institutional stipulations. So it is pertinent to ask about the moral status (as does Dworkin) of various constitutional provisions. We might say, most generally, that there ought to be consistency between our constitution and our best understanding of the requirements of a just society.

If we take the moral interpretation of constitutional authority seriously, we are faced with a potential problem. What if we discover for one or more stipulations, that there is in fact no underlying moral consideration for that provision? What if one or more constitutional provisions appears to be entirely arbitrary from a moral point of view? And in fact, when we consider this question, we find ourselves in exactly this position. Some provisions — freedom of speech and religion, procedural protections against search and arbitrary arrest — can be justified on the basis of a more fundamental conception of the requirements of a society consisting of free and equal moral beings. Other provisions may be justified as reasonable institutional arrangements — right to a jury trial, right to stand for president at the age of 35, which seem to derive authority from the kinds of substantive reasoning Peters describes. These are provisions that Peters describes as legitimate procedural specifications. But others — like the right to bear arms or form a citizens’ militia — have no such basis. They are morally arbitrary, much as might have been a constitutional right to live near a grocery store. And yet other provisions are now seen to be flatly immoral — for example, the Fugitive Slave Clause (Article IV, section 2). The inclusion of arbitrary or immoral provisions in the Constitution, we might say, was a mistake on the part of the Framers, and it should now be corrected.

Peters considers the constitutional authority of the Second Amendment in extensive detail through the case of District of Columbia v. Heller, the controversial Supreme Court case concerning the constitutionality of restrictions on firearms in the District of Columbia. He believes that a constitutional provision without authority simply does not bind citizens or lawmakers: “The Second Amendment thus brings front and center the question, not merely of how the Court should interpret constitutional rights, but of why— indeed whether—those rights ought to bind us at all” (438). His most extensive argument about constitutional authority is flatly contradictory to the idea of a moral justification for constitutional provisions (Dworkin’s position). So he considers instead whether there is a procedural justification for the Second Amendment.

The procedural approach requires showing that the provision reduces or resolves important public conflicts by reducing bias or entrenchment by powerful majorities. Applying this approach to the Second Amendment, Peters finds that, on the central public interpretations of the meaning of the amendment (individual self-defense and resistance to tyranny), there is no such justification. The first concern should be addressed through ordinary majoritarian legislation, and the second is self-contradictory. (How could there be a constitutional right to disobey the constitution?) Peters does find a procedural justification for the amendment, however, in Justice Stevens’ dissenting opinion in the majority ruling. Stevens ties the amendment to the “public militia” part of the language, and argues that this entails that the amendment serves a narrow scope: to ensure that states are empowered to maintain their own armed “militia” forces. This interpretation would lend constitutional authority to the amendment; but it would strip the amendment of the implication that democratically elected legislators lack legal authority to regulate or limit individual ownership, possession, and use of firearms.

This line of thought leads to a fairly remarkable and simple idea: the citizens of the United States ought to amend or abolish the Second Amendment. We respect the Constitution as the law of the land, but we also stipulate a process for revising or amending the constitution. And we might hold that only those provisions that hold up as justified moral requirements should be sacrosanct. There is no moral basis for the right to bear arms, it does not express a reasonable institutional arrangement, and it has shown itself to lead to deleterious social effects.

There is another moral consideration for the authority of existing constitutional provisions that has force — the idea of loyalty to the constitution as the fundamental governing document of the United States’ democracy. Our democratic obligations as citizens entail our commitment to the rule of law, and the constitution represents the most general framework of law in our system of government. Therefore we are morally or normatively bound by existing constitutional provisions — which means that even though we may think that the Second Amendment is morally ungrounded and institutionally perverse, we are bound to accept its authority until amended. This does not mean we are compelled to accept the extreme reading offered by conservatives about the scope and implications of the amendment concerning unfettered gun ownership and carrying; this is precisely the question of interpretation that constitutional lawyers argue about. But the general line of reasoning has force; it is part and parcel of the idea of being bound by a system of law that citizens within a democracy are subject to the authority of laws (including constitutional provisions) that have been duly enacted. Individual citizens or legislatures do not have the legal option of picking and choosing the constitutional and legal principles that they will accept. And the remedy to constitutional provisions that we find morally or socially odious is clear; it is the mechanism of constitutional amendment (as the Thirteenth Amendment largely negated the Fugitive Slave Clause in Article IV, section 2 through its abolition of slavery throughout the nation).

Astounding assault on democracy

Donald Trump’s attack on the electoral system has gone far beyond normal and evidence-based legal challenges to details about the election and the vote counting. There is nothing normal or inconsequential about the president’s current tactics or the support he receives from influential Republican officials. Trump and his supporters are now undertaking to reverse the election results in several states by encouraging elected officials to “throw out” the voting results from their states and send a slate of electoral representatives to the Electoral College who will vote for Donald Trump and Mike Pence rather than Joe Biden and Kamala Harris, the winners of the popular vote in their states. Senator Lindsay Graham has been accused by Georgia Secretary of State Brad Raffensperger of suggesting that he should throw out votes from certain areas. (Citizens everywhere, not just in Georgia, owe Raffensperger deep gratitude for his integrity in the performance of his duties.) Donald Trump himself is pressuring legislators and local officials in Michigan to throw out the vote from Wayne County and to send Trump electoral representatives to the Electoral College. Shameful, and racist!

This is a truly horrifying, public, and shameless assault on the most fundamental institutions and values of a democracy: the voters decide the outcomes of elections. The fact that Trump would act in this shameful way is unsurprising, because he has a lifelong record of immoral and unprincipled behavior. He plainly cares nothing about our country’s values, institutions, or citizens; he cares only about his own power and self-image. The fact that Republican elected officials fail to rise up and express — clearly, strongly, and courageously — their unwavering and unqualified support for our democratic electoral institutions is simply nauseating. They bring lasting shame upon themselves, and upon their party. Senators Ben Sasse (R-Nebraska) and Mitt Romney (R-Utah), thank you for your integrity and patriotism in publicly rejecting the president’s effort at seizing authoritarian power. Your Republican colleagues in the Senate must join you.

In the state of Michigan, our most senior legislators — House Speaker Lee Chatfield and Senate Majority Leader Mike Shirkey — have been invited to the White House to be influenced by the president in their conduct of their sworn duties in Michigan. Speaker Chatfield and Majority Leader Shirkey, the citizens of your state demand that you reject this overture and clearly express the plain truth: Michigan voted decisively in favor of Joe Biden over Donald Trump, and the process will be governed by that fact. This is your duty. Anything less will be a permanent and unforgettable stain on your character. 

Let’s be clear. None of the president’s claims about voter fraud or fraudulent practices in vote counting have been supported by evidence. The legal cases have almost entirely collapsed; they were withdrawn in Michigan; they were meritless. Earlier this week the president’s lawyer, Rudy Giuliani, disgraced and humiliated himself in Federal court in Pennsylvania by making wild and unsupported claims that reflected mental confusion about the facts of his own case. He showed himself to be a dangerous, unprincipled clown.

The argument that some Republican politicians are making today, that Trump’s efforts are certain to fail and that he is simply thrashing around like an enraged five-year-old child, completely misses the point. Attempting a coup is horrible and unforgivable, whether or not it is successful. And our leaders need to stand up and forcefully “pledge allegiance” to our institutions and explicitly reject the president’s authoritarian power grab.

This is the time for all citizens and elected officials to declare themselves unambiguously. Do we support our democracy? Will we resist and refuse any effort to negate the results of the 2020 election? Will we express rock-solid support for the integrity of the vote that occurred and the equal weight of all votes — black, brown, white, rich, poor, conservative, and liberal? Do we honor our constitution and our democratic freedoms?

As citizens, we must face a crucial reality: our democracy is under terrible threat. If any votes are cancelled or overridden by Republican-dominated legislatures — in Georgia, Wisconsin, Pennsylvania, Michigan, or any other state — we must soberly realize that we have passed the point of letter-writing and quiet disapproval. Only massive civil disobedience, pro-democracy demonstrations, and courage and persistence will do. The citizens of Belarus and Thailand have shown the way; we must follow their example. The president’s current efforts at reversing the votes in key states must be firmly rejected; and, if he were to succeed in retaining power, we must steel ourselves for a very long period of non-violent civil protest and disobedience.

The 2020 election

There is something encouraging about the health of American democracy on Election Day, 2020. That is the passion for our democracy that so many millions of US citizens have shown in coming out to vote — either through early voting or in-person voting on November 3. This is not an apathetic electorate this season; rather, men and women of all ages and races are engaged in very personal ways in this crucial election. Our fellow citizens care about the stakes in this election — government incompetence and inaction in this time of pandemic, horrifying signs of racism and authoritarianism in the president’s speeches, tweets, and actions, rising economic inequalities and limited economic opportunity, and the president’s visible disdain for the values and institutions of our democracy itself. And, by their determination to make their vote count, they express also their patriotic commitment to our democratic institutions and history. Current projections suggest that this week’s voter turnout, currently projected at 66.3%, is the highest we have seen since 1908. These are indeed echoes of the “mystic chords of memory”. 

Also reassuring is the fact that Tuesday’s voting appears to have been calm and peaceful in virtually all parts of the country. This is a happy development given the concern many Americans had about the possibility of voter intimidation, armed “poll watchers”, and civil unrest. No National Guard, no menacing truckloads of Trump supporters driving around on the highways, no Proud Boys. But of course that is before the final results come in.

The amazing number of early-voting ballots, including vote-by-mail, drop-box, and in-person early voting in many states is also an important development. This surge is a response to the pandemic, but it also suggests the possibility of a more permanent shift in voter behavior. It is the more remarkable in light of the full-court press mounted by President Trump and his supporters to undermine confidence in vote-by-mail ballots. This can be a very important shift in voter behavior by broadening voter participation and reducing some forms of voter suppression. Broader voter participation enhances democracy. 

Also noteworthy is the calm competence of state election officials around the country, persisting in their rigorous, fair, and legally governed work of counting ballots. This is part of the sinews and skeleton of our democratic system, and officials throughout the country have demonstrated their integrity and competence in carrying out the work of democracy. Michigan Secretary of State Jocelyn Benson has been especially noteworthy in her calm and judicious oversight of the highly pressurized work of ballot counting in Michigan.

What is grossly repellent, and yet clearly telegraphed weeks in advance, is Trump’s brazen refusal to accept the legitimacy of the electoral process, still underway, and his groundless demand early Wednesday morning that he has won the election. With millions of votes still to be counted, this insistent and ungrounded assertion — repeated still several days later — represents a fundamental assault on our democracy. And to assault our democracy is not only to dismiss the democratic rights of all Americans who had already voted and whose votes must be counted; it is to assault all Americans. Every citizen — whether Republican or Democrat, Libertarian or Green — has a fundamental interest in the integrity of our electoral institutions. The president’s lies and his continuing efforts to undermine public confidence in the voting process show him to be truly antagonistic to all Americans, including his own party’s supporters. Can any person be said to be patriotic and loyal to our country when he commits such brazen, purely self-interested acts of sabotage against our most fundamental democratic institutions? Surely not. And the fact that at least two US Senators have supported the president in these claims — Senator Cruz and Senator Graham — will follow them with shame into the annals of history. Their support is craven; they surely know better.

The election is still unresolved as of this hour, though the signs point strongly toward a Biden victory. Biden currently leads Trump by 4,102,000 votes in the popular vote, and he is favored to win enough undecided states to win the Electoral College vote as well — a very strong mandate for change. The control of the Senate is unresolved, and depends on run-off elections in Georgia for two Senate seats in January. The Democrats’ majority in the House of Representatives has narrowed, but it looks as though it will be sustained. So the coming years of government, especially in the circumstances of global pandemic, out-of-control spread of the disease in the United States, severe and very unequal economic harms to be addressed, looming crises having to do with global climate change, and international relations in shambles, will be challenging and unpredictable. But many Americans today are ready to take some greater optimism from the fact that the current incumbent is likely to lose his power to do further harm. 

Also unresolved is how the incumbent president will behave in the next two months. His anger at the increasing likelihood of losing the election seems unhinged at the moment, his desire to lash out seems strong, and he plainly has no awareness of the way that history will remember him: as a petulant, mendacious, hateful, incompetent, and authoritarian president who put American democracy into its greatest crisis in one hundred sixty years. Where is the statesman who cares more about his duty to the Constitution and the whole citizenry than about his own political power? There has been no such person of that description in residence at 1600 Pennsylvania Avenue for four years. And now, it seems very likely, there soon will be.