People ask “is it too late to save our Democracy?”
Spoiler: No, of course it’s not too late. The damage can be repaired. But it won’t be easy.
Some of the panic is centered around Trump packing the courts, so let's talk about that first.
How far to the right?
In the 1960s judges were confirmed who openly supported racial segregation.
archive.boston.com/news/globe/obi…
In 1923, SCOTUS ruled minimum wage unconstitutional.
oyez.org/cases/1900-194…
19th century courts held that man could beat his wife (as long as the injuries weren't serious): la.utexas.edu/users/jmciver/…
People are worried that Trump-appointed judges will allow him to do things like pardon himself, or grab unlimited power.
For why you don't have to worry about presidential pardons, see👇
I can already hear people saying, “But he’s stacking the courts! The courts will let him do it!”
It's called precedence. law.cornell.edu/wex/precedent
Consider the possibilities in self-pardon or the ability to pardon associates and co-conspirators.
Or he's a coward, so he tells a co-conspirator to do it. Then he pardons the co-conspirator.
Any law he wants to break, he tells a co-conspirator to do it, then pardons him.
Federal judges, particularly SCOTUS justices, have a lot of power.
They'd be giving up all their own power. They’d make themselves vulnerable to Trump’s whims.
This won't happen.
They will make laws we won’t like.
But we’re not in uncharted territory.
We’ve gotten out from under bad laws in the past because people put in a lot of work to change them.
See, it’s up to us.
When people say “soon it will be too late to save our democracy” I think of Chile in the 1980s.
He became dictator when he led an attack on the presidential palace and murdered President Allende.
(Kind of a 20th century version of being installed by Putin).
The civil rights and women’s movement greatly expanded who was included in “we the people."
I assumed the expansion would naturally continue.
Each inch forward requires great effort because of a force pulling it back.
Expansion isn't inevitable. (H/t @timothysnyder_ )
We have gotten out of complete authoritarianism (slavery, Jim Crow, women as chattel).
Unfortunately there is no quick fix.
There’s some fantasy in his article.
He admits his scenario requires that “Trump loyalists desert him, the GOP decides. . .
About 35% of the pop. is inclined toward authoritarianism👇
Q: Can 35% rule everyone else?
Authoritarians have advantages: They tend to fall in line behind a leader. They like simplicity.
Observe the well-oiled right-wing media loop.
Those in favor of liberal democracy tend to splinter. (Observe Democrat primaries).
Also, it’s easier to destroy democracy than preserve it.
Our institutions are weakened from Trump’s hammering, but they're holding up, as I argue here:
We do need a strong enough majority to offset the inevitable cheating.