Testing Republican Loyalty on the Route to Dictatorship

June 22, 2020

My heart wants to talk about the momentous things happening in our country but the disloyalty of this president is too frightening to talk about anything else.

He keeps firing people who’re trying to follow the law. He’s stripping government of the people who protected us from disease, poison and catastrophe, from dangerous workplaces and frauds, leaving most of us with little ability to protect ourselves. We’re out of work, out of money and have lost control of many boards of elections. When does it become too much?

He’s allied himself with the most extreme racists, people who’ve little compunction at brandishing, intimidating, threatening the rest of us with their weapons. Who’s safe then?

FBI records have made it clear that the – I refuse to use the name they call themselves – but the alt-sickos he praises and incites are the same ones who have been responsible for the vast majority of domestic terrorism in this country. Some of you may be too young to remember Timothy McVeigh who carried out the Oklahoma City bombing that killed and injured nearly a thousand people including 19 children in a day care center. He came from the same sewer of hate. The alt-screwed up wing that Trump insists on encouraging has been the source of the mass shooters that have caused so much grief. They’ve united law-breakers with political enmity. The combination is deadly. Do we need more proof?

Encouraging violence, creating chaos and then posing as the savior is a path tyrants have followed all over the world to take power, and, gaining power, turned their followers loose on the population until everyone bows in feigned allegiance to avoid their own and their family’s arrest, rape and murder.

The other major path is to gain control of the military. Trump has been firing everyone inquiring into his misbehavior. He’s fired much of the top brass of the military for daring to say that the military must stay out of politics or otherwise stand up to him.

How far is Dangerous Donald trying to go? And what will happen to us if he gets what he wants?

If this president attempts to take over by force, who will stand in his way? Will the Senate be loyal to Trump or to America and the rule of law and democracy? Will the Army be loyal to Trump or to America, the rule of law and democracy now that he has been stripping responsible military leaders of their stripes? Will there be anyone left to say no and lead the troops against a presidential putsch? Is it too late for the Court now that they have authorized massive stripping of voters from the records? Will we stop this slide into tyranny before it’s too late?

To allow this President to take over the reins of power he believes are his, will erase all efforts to make this a more decent country. This is a real test of the loyalty of Republican Senators – to Mr. Trump, or to the Constitution that so many Republicans have so loudly proclaimed as if they alone obey it. Are they loyal to the law and its superiority over everyone, high and low, or are they devoted instead to the notion of impunity, that some people can do any damage they choose to other people, to our government and to America itself without facing justice. Frankly, I am guessing that we are going to see immense disloyalty to America and failure to insist that the president has an obligation to our country and not just to his own ambitions. If you could read the records of the Founders of our country, you would quickly discover that Trump is the man they were afraid of.

There is no second chance. Republicans must show their courage now or survive only in infamy.

— This commentary was scheduled for broadcast on WAMC Northeast Report, on June 23, 2020.


Trump’s Second Amendment Hooligans

June 8, 2020

The pandemic has been making life quite difficult for many of us, but if we don’t figure out a way to deal with Trump’s invitations to violence things can get a lot worse.

Gun owners are not made in cookie cutters and the differences are large. I know lots of people who own guns and it’s never given me a moment’s concern. Many if not most gun owners are responsible and trustworthy. They are not killers and they’re not using their guns to play rough with people.

But there is a minority that believe that gun rights, or what Mr. Trump prefers to call Second Amendment rights, give them the privilege to threaten, intimidate and even kill to make things come out their way. Threats, intimidation and murder are not protected by the Second Amendment. They’re crimes. People who believe the Second Amendment gives them such rights are hooligans or terrorists, not responsible people who deserve anything but the insides of jail cells or loony bins. Those people are “deplorable.”

The statistics make clear that they’ve done more damage in America than the foreign terrorists we say we fear. Trump wants us to believe that there are, as he put it, good people on both sides, but White Supremacists account for the vast majority of home-grown terrorism in this country. And they reliably respond to his invitations, resulting in a very clear and present danger of violence and bloodshed.

When Mr. Trump told people to liberate Michigan with their Second Amendment rights, he was not suggesting that they keep their guns holstered or cased or even pointed at the sky. He was appealing to hooligans and terrorists to force the rest of us to do their bidding.

When Mr. Trump took office the Constitution required him to:

“solemnly swear (or affirm) that [he] will faithfully execute the office of the President of the United States, and will to the best of [his] ability, preserve, protect and defend the Constitution of the United States.”

Millions of Americans have taken oaths that we were

“not a member of the Communist Party or any other organization which advocates the overthrow of the Government by force or violence.”

In fact Mr. Trump is trying to overthrow it. A leading, so-called birther, he denied Obama’s right to the office though Obama was properly elected and behaved in a careful and thoughtful way for the good of all of us. By contrast, Trump uses the classic methods to try to overthrow the government by force and violence. Budding dictators encourage violence, create chaos and then pose as the savior to take over. When Trump creates a clear and present danger of violence by inviting gun owners to use their Second Amendment rights, they get the signal, and Trump relies on their lawlessness to put people in terror if they oppose him. Like other budding dictators who’ve called out the military against their own people, Trump called out a show of military force against domestic demonstrators to clear his path to a photo op in front of a Washington church and over-awe Americans with his control of the levers of deadly power. A would-be dictator, Mr. Trump is repudiating his American citizenship.

Guns owners who respond to Trump’s incitement are giving a very bad name to responsible gun owners, to owners who don’t use their guns and their votes to constrain political behavior like that. It’s time to take back the NRA from the unreconstructed Civil War rebels, terrorists, hooligans and their enablers who claim the protection of their guns and the Second Amendment in your name. It’s time to break the White House link with liars, hooligans, and terrorists.

— This commentary was scheduled for broadcast on WAMC Northeast Report, on June 9, 2020.

REFERENCES:

New America Foundation, IN DEPTH, Terrorism in America After 9/11 https://www.newamerica.org/in-depth/terrorism-in-america/what-threat-united-states-today/;

Daniel Byman,  Right-Wingers Are America’s Deadliest Terrorists, Slate, Aug. 5, 2019, https://slate.com/news-and-politics/2019/08/right-wing-terrorist-killings-government-focus-jihadis-islamic-radicalism.html.

DANIEL MORITZ-RABSON, New NRA President Is Board Chair for Organization Managing Country’s Largest Confederate Monument, Newsweek, 4/30/19 AT 10:52 AM EDT – https://www.newsweek.com/nra-president-chairs-organization-country-largest-confederate-mounment-1409648

How the NRA went from a marksmanship group to a controversial political powerhouse. In his new book, investigative journalist Frank Smyth explores the group’s rise to favor, particularly under the Trump administration. By Hope Reese  Updated Apr 2, 2020, 11:00am EDT, The Highlight by Vox, https://www.vox.com/the-highlight/2020/3/24/21191524/nra-national-rifle-association-history-frank-smyth-wayne-la-pierre

 


Globalization and Democracy

August 27, 2019

Amy Chua wrote World on Fire two decades ago, arguing that globalism and democracy would collide by bringing out ethnic and religious resentments around the globe. She identified animosities country by country that would explode when times got tough.

Many of us connected economic and democratic health. In hard times people look for scapegoats and blame each other. I’ve gotten jobs from and lost them to people of other races and genders. That’s normal and goes both ways but I did fine and don’t need to blame anyone. Many who don’t feel as well are looking for reasons.

Chua’s analysis isn’t destiny. Unions in Hawaii realized workers would do better if they were united. Hawaii developed a lovely multi-cultural society as a result. But Yugoslavia came apart in rough times. I fear the European Union and the United States can come apart if we engage in an orgy of blame.

Franklin Roosevelt focused on creating jobs in the 1930s and World War II finally pulled us out of the Great Depression. John Maynard Keynes explained that, when an economy is in the doldrums, spending and investment, by government, industry or consumers, pulls the economy out most effectively. Democrats have worked with his ideas ever since and the overall, national, economy has done well with Democrats in power, particularly when Democrats had a strong labor union base focused on workers.

But capitalism is built on creative destruction. Miners’ desires notwithstanding, other industries have been replacing coal for most of the twentieth century because coal dust and soot blanketed cities, killed plants and got into people’s lungs. The process accelerated recently as more sources of heat and power became available. It’s a benefit that capitalism allows shifts like that but also a problem that capitalism makes workers pay the greatest price for such change. Macroeconomic, Keynesian thinking helps but it doesn’t solve the harms to specific groups of workers who’ve lost out through no fault of their own. More is needed.

Republicans view the economy differently, particularly since Ronald Reagan became President, focusing on supply side economics which stresses putting more resources in the hands of companies, entrepreneurs or so-called job creators. Unfortunately, supply side economics leads Republicans to ignore what business does with money, hoping that enough will be used to create jobs at home. But business also uses their money to outsource to foreign countries, buy stock back, build monopolies and the like, which don’t help American workers. Business helps American workers when they find demand for what American workers produce. That’s not automatic.

So supply side economics leads Republicans away from strategies that would actually help workers and aggravates hard economic times that tend to push workers to fight among themselves for the available jobs. Under most conditions, supply-side economics is a smokescreen for policies that make things worse. Staying away from anything related to supply-side economics is much better for workers, brotherhood and labor unity. But the alternative Keynesian economics isn’t enough.  There is a gap with respect to finding work for areas which have lost their main industries.

To save our democracy, it’s crucial to get across what actually will help American workers and what won’t. That’s why the argument over government projects, like rebuilding infrastructure, is so important.


No Time for Moderates

May 27, 2019

We’re suffering a worldwide attack on tolerance, the brotherhood and sisterhood of all peoples, and the principles of democracy and equality that make it possible to share the country and much of the globe in peace. The results, from Brexit to White Nationalism, the resurgence of Nazism in Europe, intolerance in India and China and ethnic warfare over the scraps of economic failure endanger us all. America, founded on tolerance, equality and democracy, should be leading the world out of this dangerous morass instead of smoothing the path to hell.

Commentators have long seen and feared the separation of national politics from the needs of the great mass of working people. Both national parties partook of that separation. Republicans revere Reagan but he crippled the unions, the organizations of working men and women. And claiming that government is the problem, not the solution, Reagan crippled efforts to address their problems. Democrats followed national economic trends without paying enough attention to the dislocations among working people. That combination made white working people feel left out, instead of uniting us in pursuit of a better world for everybody.

That’s recent history. Much further back, Alexis de Tocqueville, famous French nobleman, toured the U.S. in the 1830s and had the genius to see far into this country’s future. Tocqueville told us that democracy required widespread economic well-being.  The very first paragraph of the U.S. Constitution talks about the “general welfare” but many poo-poo it as merely precatory language, not authorizing government to take care of the people. Those who poo-poo that language think the Constitution is merely about freedom from government rather than the creation of a government capable of providing for the people. Their misreading of history is perverse and dangerous.

Seymour Martin Lipset, one of the twentieth century’s great political scientists, pointed to the world-wide connection between democracy and economic welfare. Germany, which had been a great economic power, lost its illustrious and democratic Weimar Constitution after going through economic hell between the world wars.

President Franklin Delano Roosevelt told America that he was saving capitalism by protecting the great mass of Americans from the ways capitalism went awry. The big shots of industry couldn’t understand that their behavior wasn’t sacrosanct. They couldn’t understand that capitalism too has to operate by standards of ethics and principles of sharing. Roosevelt was the architect of American economic success for the next half century precisely because he put in place the rules by which it could operate for the benefit of the entire country, not merely the captains of industry and finance. We have forgotten and dishonored Roosevelt’s legacy of making government serve the people. He rescued this country from the Great Depression, “promote[d] the general Welfare,” as the Constitution provided, and set the country on a sound economic keel, a legacy that would honor any leader.  Fools now sneeze at his accomplishment so they can promote something new – poverty for all.

There’ve been plenty of warnings. Now we have a chance. It’s not enough to beat Trump. We need a victory for the principle that everyone counts and everyone needs to be protected. It doesn’t matter whether it’s called “socialism” or something else. The idea that it’s a bad idea to take care of each other has got to go – permanently – and all the conservative nonsense about the damage of helping each other. Either we care for each other or we will suffer a war of all against all regardless of what you call it – fascism, communism, totalitarianism – the results won’t be good for anyone except the oligarchs.

Forget “moderate” Democrats. If “radical” describes the philosophy of taking care of each other, we need it NOW. Bless all the people with the decency and humanity to care about their neighbors, fellow citizens and fellow human beings. The blessed are those who care.

– This commentary was broadcast on WAMC Northeast Report, May 28, 2019.


Others on the Plight of America

June 23, 2018

Permit me to recommend three articles. Each goes well beyond Trump but Trump is an engine of each.

Timothy Snyder, a professor of history at Yale who wrote The Road to Unfreedom, reviewed Benjamin Carter Hett, The Death of Democracy: Hitler’s Rise to Power and the Downfall of the Weimar Republic. Comparison with contemporary America are uncanny. Snyder ends his review saying “The conclusions for conservatives of today emerge clearly” from this history of the fall of German democracy: “Do not break the rules that hold a republic together, because one day you will need order. And do not destroy the opponents who respect those rules, because one day you will miss them.” But recent events suggest little respect for those lessons.

Kori Schake, deputy director of the International Institute for Strategic Studies, wrote The Trump Doctrine is Winning and the World is Losing. Summarizing a magnificent article is difficult but for me the kernel was that “if the United States doesn’t sustain” cooperation among the world’s democracies, “a rising power will eventually force it to defend its interests or succumb.” That’s been the pattern of power transitions except the transition from Britain to the United States, “an exception born of their democratic similarities, and one unlikely to be repeated between the United States and China.” At this point the U.S. handed over leadership in Asian trade to the Chinese with our withdrawal from the Trans-Pacific Partnership, and weakening alliances among democratic nations allows China to intimidate weaker countries and reshape Asian geography and maritime rules without cost. Moreover, the costs of the American led world order were small and declining, especially by comparison to the benefits.

And David Sanger, national security correspondent  for the Times and author of the forthcoming The Perfect Weapon: War, Sabotage and Fear in the Cyber Age, after exploring the extent of cyber-sabotage and American vulnerability, shows the cost of not dealing with growing Russian capability because of its political implications.

Will America choose another Roosevelt to pull us out of this deepening vortex of destruction or will it choose a Hindenburg to hand the reigns to a beast preparing to roast, gas and kill us all?


The Future of Jobs

April 18, 2017

Automation is changing the workforce. It creates some highly skilled jobs but eliminates many others, from service jobs like taxis to previously professional tasks like document review. Factory jobs are decimated by automation.

The industrial revolution was largely built on repetitive factory production lines, based on physical dexterity, repetition and obedience, not higher education. Automation handles repetitive tasks well. Eliminating them affects people very unequally.

How can we deal with that change? The historic Republican free-market approach, now pushed by Tea Party Republicans who control Congress, is that it’s none of our business.  For them, it’s every man, woman and child for him- or herself. Millions in breaks for big corporations and no security for the workers whose lives and livelihoods are the playthings of  markets, financial institutions and corporate interests. But woe to countries that forget their people, engulfed in power struggles and bloody civil wars with the fate of ordinary, hard-working and decent people as talking points and engines of recruitment.

Some jobs have been divided into a large class of “aids.” In Iran everyone from middle class up had a bagi, their term for servant. It’s a world of dependency, power, and deep social division, a world in which people can be taken advantage of. The market, so sacred to the ideologues, is pushing more and more people to join the service economy as maids, waiters, servants and sometimes as sex workers.  Notice the contrary pressures on the women’s movement, with some vying for the few high-end jobs and others being pressured into demeaning and dangerous activity.

We might share good jobs. Labor unions once looked toward a five-hour day. Or we might create jobs, keeping everyone busy and satisfying more of the community’s needs, from building and repairing bridges, roads, water systems and electric and internet grids, to watching over playgrounds. But actually we’re going the other way. Jobs that can create opportunities are being dropped. The pressures are all on workers to find or create ways to survive. We all feel the taxes but don’t notice the benefits.

I see our separation by wealth, color and origin blinding us to common problems. John Adrian Witt, a Yale historian speaking at Alumni House last week, sees organizational failure, like the 1920s before unions and public service organizations finally jelled, leading toward the New Deal reforms in the 1930s.

The New Deal gave us a powerful administrative state, capable of opposing and controlling corporate greed that demeaned and poisoned workers with dangerous equipment, noxious chemicals and contaminated foods. But that effective administrative state became the Republican target, stated theoretically as “regulation” – regulation everyone can be against unless broken down to the safety and honesty it is designed to protect.

There is also an ideological issue, especially when the unchecked power of the market is pushing the public to turn on each other and itself.

Workers are entitled to security. Graduates of high school, colleges, and universities are entitled to good jobs. Our job should not be to ask workers to justify their lives to the market; it should be to employ people to make a better America, much as the New Deal of Franklin Roosevelt founded the Civilian Conservation Corps, the Works Progress Administration and many others. We can support each other, and make a better America for all of us. The market isn’t the answer; the market is the problem. When it doesn’t do what we need, we need to do what it screwed up.

— This commentary was broadcast on WAMC Northeast Report, April 18, 2017.


Is Democracy in America Coming Apart?

December 6, 2016

I wrote Unfit for Democracy to warn that American democracy could collapse in coming decades. But the problems are coming home to roost sooner than I expected.

How the economy treats people matters. That was the starting point for my work and, since World War II, for political scientists studying the survival or breakdown of democracy. But the American economy has been leaving lots of people behind. In my book I argued that the Supreme Court was diluting the value of ordinary Americans’ economic rights in favor of the wealthiest people and corporations. I feared the danger to democracy as people became more and more desperate.

I also worried the Court wasn’t enforcing the Bill of Rights for ordinary people and feared would-be dictators could take advantage of it. And I worried because the Court permitted politicians to fix the voting mechanisms to make fair elections almost impossible.  Changes made after the 2010 census allowed Republican-dominated legislatures to lock Democrats out of Congress and the majority of state legislatures for the foreseeable future. That Court-sanctioned gerrymandering now blocks fair representation in Congress and in many states. Trump kept claiming that the system was fixed, implying that it was fixed against him, but the Court allowed the Republican Party to block access to the polls in many states.[1] The election was partly fixed, in favor of the Republicans and Mr. Trump.

I also worried that legal changes underlying changes in the media and the primary systems were contributing to the polarization of America. As Jim Hightower once titled a book,  There’s Nothing in the Middle of the Road but Yellow Stripes and Dead Armadillos. I thought that was dangerous.[2]

Now we are finding out that only a quarter of Americans still believe that it is important to live in a democracy. And we’ve elected a president who befriends autocrats – autocrats who destroyed democratic governments, censored the press, put opponents in prison, and took over.

Once that happens, the people who wanted to break the system down have no voice in what the new system does. Autocrats around the globe become kleptocrats – they steal from everyone for themselves and their friends. In commentary earlier this year I described that as the Sheriff of Nottingham syndrome – the sheriff from the Robin Hood legend who took from the poor to fill the pockets of King John. Corruption in democracies doesn’t hold a candle to what autocrats do to their people financially, how opportunities suddenly depend on the dictators’ favor, how freedom disappears, real freedom, the freedom to walk around out of prison and take care of one’s family. Those folks who were so ready to break the system are likely to be among the first broken by it.

The Court won’t protect us. Those with power have no motive to protect us, but only to keep their own advantages. The rich will have more, not less control. Just look around at how Trump is deepening the threats:

  • His worldwide set of conflicts of interest become opportunities for Trump enterprises in the pattern of third-world kleptocracies;
  • He proposes to cut benefits for ordinary Americans, leaving more for himself and friends;
  • He selects America’s wealthiest to run our economy;
  • He rants about asserting “Second Amendment rights” at the polls as if menacing people at polling places advances democracy;
  • He rants about throwing people in jail – starting with his political opponent – though that threatens democratic competition;
  • He seems to think that winning means he can do whatever he wants.
  • And he and the Republicans seem to believe recounts are legitimate only for themselves – not to protect and enforce the voters’ choices.

If American democracy collapses, it will be the biggest victory for the world’s worst people. As Trump pounds on the pillars of democracy, we will have to do all we can to preserve the American democratic way of life.

[1] Unfit for Democracy, at 195-204.

[2] Id.  at 153-67; Law and the Polarization of American Politics, 25 GEORGIA STATE L. REV. 339 (2008).

— This commentary was broadcast on WAMC Northeast Report, December 5, 2016.

 


Cautionary Tales From Other Populist Regimes

November 30, 2016

This is a post from Kim Lane Scheppele, at Princeton University, which is chillingly accurate, as Kim usually is, and which I am re-posting with her permission from the lawcourt and conlawprof listservs:

While we’re on the subject of learning a lot from regimes that have been in this difficult place before, I recommend this powerful piece by Turkuler Isiksel, assistant professor of political theory at Columbia (and former LAPA fellow at Princeton):   https://www.dissentmagazine.org/blog/trump-victory-regime-change-lessons-autocrats-erdogan-putin .  She watched Turkey fall under the control of a populist autocrat who won democratic elections and sees some of the same danger signals in the US.   A summary:

Confidence in the exceptional resilience of American democracy is particularly misplaced in the face of today’s illiberal populist movements, whose leaders are constantly learning from each other. Trump has a wide variety of tried and tested techniques on which to draw; already, he has vowed to take pages out of Putin’s playbook. Defenders of liberal democracy, too, must learn from each other’s victories and defeats. Below are some hard-earned lessons from countries that have been overrun by the contemporary wave of illiberal democracy. They could be essential for preserving the American republic in the dark years to come.

I just came back from Chile, where I gave some lectures on the creeping advance of illiberal constitutionalism around the world.   People there asked me how Trump could have been elected in the US, and I showed them this data:  Nearly one quarter of young Americans no longer believe in democracy and since 9/11, faith in the way America is governed has plunged to all-time lows (raised slightly in election years when Obama was elected, but then plunging back again):

[Her first chart, which I cannot copy here, from the World Values Survey, shows older Americans very supportive of our system of government but dissatisfaction rising among younger age groups at twice the rate here as in Europe. Her second chart, from Gallup, shows dissatisfaction rising and from 1972-2013.l

These are danger signals that should have alerted us earlier to the possibilities of Trump.    I might add that very similar danger signals appeared before the election of other populist autocrats of both left and right:  Putin, Erdogan, Orbán, Kaczynski, Correa, Chavez.

There’s a clear pattern here.  First people lose faith in the system.  Then they vote to break it.   And when the new leader decides to trash the constitutional system, he is cheered on by those who want change at any price.   When people wake up to the damage done, it is too late because their constitutional system has been captured.

What I’m worried about — and what Turku Isiksel also observes — is that these populist autocrats learn from each other.   Trump’s affinity for Putin has gotten the most attention, but we should also note that Trump has been exceptionally friendly with Erdogan while Michael Flynn, his new national security advisor, has been knee-deep in ties to the Turkish government (see https://www.bloomberg.com/view/articles/2016-11-17/why-turkey-s-erdogan-is-so-happy-about-trump-s-victory and http://www.nytimes.com/2016/11/20/world/europe/turkey-flynn-erdogan-gulen.html .  In addition, Trump has struck up a friendship with Hungarian “illiberal democrat” Viktor Orbán (see http://www.reuters.com/article/us-usa-trump-hungary-idUSKBN13K0ON  and http://www.theatlantic.com/international/archive/2016/11/trump-putin-nato-hungary-estonia-poland-orban/508910/ ).    All of these illiberal leaders have borrowed autocratic techniques from each other (as my new research project shows).   The techniques have to be adapted anew to each constitutional system that is “cracked” in illiberal ways, but the techniques are not at all dependent on ideology and therefore can be used by regimes of very different political flavors.     (And just to clarify here, I’m not objecting to conservative governments, but to illiberal ones that no longer believe in checked and balanced powers or in the rotation of power from one party to another.)

What is striking about the new autocrats is how legal they are and how they borrow the worst practices from the best countries to shut down the democratic opposition.  For example, Russia’s notorious NGO law that requires all NGOs to report foreign support and register as foreign agents is modeled on the 1938 Foreign Agents Registration Act (FARA) of the US.      ( See the Venice Commission expert report on the Russian NGO law including an analysis of the Russian government’s claim that it was copying FARA at p. 9-10:  http://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-AD(2014)025-e .)   After Hungary lowered the judicial retirement age to get rid of the top tier of judges in 2012 so they could replace them with appointees of their own political flavor, Mohamed Morsi did the same in Egypt.   How many of us have argued for fixed terms of judges or fixed judicial retirement ages in the US?   Imagine if those proposals were to gain ground as a political movement just now?     Several populist autocrats in Latin America have added a line-item veto to their powers, which effectively neutralizes parliamentary compromises, erases any hard-won traces of parliamentary opposition, and strengthens the dictatorial powers of the president.  But don’t some American reformers still want the line-item veto – even now?  Just see how that works in Latin America, and be very afraid.    In short, many proposals to reform the “broken” American system have already been used by populist autocrats to consolidate their power through constitutional capture, and we should be very wary of the particular proposals that will be made by a president-elect who has already proposed to govern outside the Constitution as we know it.

If you think constitutional capture can’t happen in the US, then you didn’t know how unlikely autocracy seemed in these other countries before it occurred.    But as Jack Goldsmith has recently argued:  libertarian panic may be the best weapon we have against awful things to come:   https://lawfareblog.com/libertarian-panic-unlawful-action-and-trump-presidency because it at least means we are paying close attention.


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