Federalism And MAGA Lies

I know it’s hopeless to expect anything approaching logic–or constitutional knowledge– from MAGA conspiracy theorists, but I’ll admit I still get surprised by the sheer fact-free idiocy of some of their anti-Biden accusations. In many cases, that idiocy is an outgrowth of what I call “civic illiteracy”–an obvious lack of knowledge of the most basic structures of American government.

Take the MAGA folks who are screaming over Trump’s New York prosecution and subsequent guilty verdicts. Republican partisans–some of whom, as elected officials, should certainly know better–accuse the Biden administration of “weaponizing” the Department of Justice, claiming that President Biden was responsible for both Alvin Bragg’s decision to charge Trump and for the subsequent jury verdict.

Yeah! As the Lincoln Project recently noted, it’s also Biden’s fault you got that speeding ticket!

Anyone who took a high school government class (and actually passed) should know the difference between federal and state jurisdiction. That difference is part of what we call federalism–and it’s foundational to our legal and governmental systems. As I used to explain to my students, the Founders gave us both horizontal and vertical checks and balances: separation of powers (dividing authority among the branches of government–someone should tell Tommy Tuberville), and federalism (dividing authority between federal, state and local units of government).

Federalism is evidently a concept utterly foreign to a large segment of the voting population. As the Washington Post recently reported, a CBS News-YouGov poll tried to figure out just “how many Americans buy into the baseless idea that Biden had something to do with the charges against Trump in Manhattan.

Turns out, it’s 43 percent — and 80 percent of Republicans. Those are the percentages who agree that the charges were brought because of “directions that came from the Biden administration,” rather than merely by “prosecutors in New York.”…

The article debunked several aspects of the claim, and noted

This theory was also firmly rejected in recent weeks by no less than former Trump lawyer Joe Tacopina, who worked on Trump’s defense early in the Manhattan prosecution. He called the idea “silly” and “ridiculous.”

“Joe Biden or anyone from his Justice Department has absolutely zero to do with the Manhattan district attorney office,” Tacopina said in an MSNBC interview, adding, “We know that’s not the case, and even Trump’s lawyers know that’s not the case.”

“People who say that,” Tacopina told MSNBC, “it’s scary that they really don’t know the law or what they’re talking about.”

By Tacopina’s formulation, 4 in 10 Americans have no idea what they’re talking about.

As the article notes, this is hardly the first time Trump’s base has come to believe nonsense, despite a lack of any evidence–and in spite of the fact that believing it requires total ignorance of the structure of their own government.

Believing that the federal government stage-managed a state-level trial also requires a considerable amount of cognitive dissonance, since the GOP has long insisted on an extreme version of “state’s rights.”

In fact, the Republican Party has never quite gotten over its original resentment over incorporation–the odd word for the doctrine that nationalized the Bill of Rights. That process was initiated after passage of the 14th Amendment constitutionalized the principle that the fundamental liberties protected by the Bill of Rights should be a “floor”–that a citizen in Alabama should enjoy the same basic rights as a citizen of New York. States are able to enlarge on those rights, but thanks to nationalization of the Bill of Rights, they are forbidden to retract them. (That’s why the theocrats found it necessary to eliminate reproductive freedom from the liberties protected by the Bill of Rights.)

Our relatively strong federal government was founded in reaction to the serious and multiple problems the country experienced under the Articles of Confederation, which gave states far too much authority.  Obviously, not all policies need to be nationally uniform–there are plenty of areas where local control is appropriate. However, questions about who is entitled to fundamental rights–and what those rights are–shouldn’t be one of them, as the patchwork of approaches to reproductive freedom that’s emerging is likely to demonstrate. Forcefully. Justice Alito’s dismissal of the substantive due process doctrine is-–among other incredibly negative things– a step back toward the fragmentation of the Articles of Confederation.

But that step back didn’t merge state and federal justice systems.

Some of the Republicans who champion “states rights” are happy to ignore the whole concept in order to fabricate a ridiculous–albeit comforting– accusation. Others–probably the majority– are just broadcasting their profound ignorance of America’s basic governance structure.

19 Comments

  1. There is no problem with bringing a state prosecution against a federally elected official in an election year?
    Really dumb.

  2. Trump promises to do what he claims he hates in others. He decries weaponization of the Justice Dept. then promises to do exactly that to gain retribution against anyone who crosses him. He’s projecting his own behavioral choices onto others…AGAIN.

  3. Since the earliest days of the t*ump administration (remember the lie about the size of his audience at his inauguration, Sean Spicer?), he has been testing his credibility with his base, and they have come along with him like a fish on a hook.
    One day, and may it be sooner than later, his base will come to recognize that they have been lied to and misinformed, and will turn that animosity on those who perpetrated the lies.

  4. John S. The way to avoid being charged is to not break the law…any year.

  5. Cracks in the foundation of TFG’s lies are beginning to grow. Yesterday, as he was being interviewed by phone by Corey Lewandowski on Newsmax he rambled off course, as usual, and started ranting about the “theft” of the 2020 election. At which point the network ran a chyron—as he was speaking!—that read “Please note: Newsmax accepts the 2020 election results as legal and final.”
    I suppose Newsmax will now join Faux News as an unreliable, dishonest network.

  6. Only 40%? The mental vacuousness of the Trumpites is compounded by their character weaknesses that scare the daylights out of them if they have to admit a mistake or that they’ve been conned. Those are the weakest minds among all of us.

    Trump keeps presenting as a psychopath and for anyone to keep trying to frame his behavior in a set of “normal” rules is a waste of time. His disease is growing more acute every day. Stay tuned for some very ugly and embarrassing behavior in the very near future.

  7. States do not have “rights. People have rights. States have powers delegated to them by the people. Declaration of Independence; Amend. X.

  8. The 43% is the size of the MAGA sect of the country. We know they are off the rails. I’m concerned with keeping the civic ignorance limited to that number. Parents don’t let your children grow up to be MAGATS!

  9. Nancy is more accurate than she knows by mentioning “projection.” When Trump was president, he used the Justice Department and many other departments to manipulate and control state government affairs, and he will do it again. You can count on that.

    I’ve noticed that many politicians frequently project their tactics on the other party and their federal policies on different countries. Washington blames Russia for interfering in other country’s elections because the US often interferes. Israeli PACs just spent a record amount in NY to defeat Jamaal Bowman, a black progressive who held Israel accountable for genocide. It was classic interference, but nobody said a word.

    Washington politicians blame Russia and China for being “aggressive” when it’s the US with 800 military bases around the world and surrounding both of those countries. They blame China for spying on users of social media when it’s the US that spies on social media users.

    One of the most hilarious projections is the US blames China for subsidizing industries because they are communist when we are a “democracy” and do the same thing at both state and federal levels.

    Abuse of power is everywhere in our governments – locally, state, and federal. It doesn’t matter if they know the difference because they’ll let the courts sort it out, and if the state justice system doesn’t render a favorable decision, they’ll appeal it to SCOTUS.

    You can blame this on the dark networks controlled by Koch and ALEC, who run the State Policy Networks and the Federalist Society judges scattered all across the country. By the way, two SCOTUS judges should have retired under Biden so he could replace them with open-minded justices, but he failed to do so. Why?

    If Biden loses in November, Trump will appoint two more ultra-conservative Federalist judges. This is evidence of the uniparty in Washington. 😉

  10. John S., tfg is not, now, not since 1/21 an elected official!!
    Vernon, tfg’s disease is not growing more acute, I believe, but is showing its depth as his capacity to keep it together is increasingly being challenged. Malignant narcissism is massively deep, if you will.
    So, that 40% shows just how “wise” the likes of Rand Paul, and others, who want to do away with the Dep’t of Education may be, in their quest, to still further, dumb down the populace…and make more Tommy Tubervilles.

  11. High school government class? What high school government class?? Those were eliminated in lots of school districts long ago.

  12. Participating in this blog has gotten me from zero to something more in understanding Constitutional Law. None of it was taught in High School or College because, even given the low technology of the ’60s, my engineering curriculum did not have room for such trivia even in 4 1/2 years. I arrived here empty-headed on that topic.

    Civic illiteracy is a problem that is only reduced in legal students, which means it is rampant in the voting republic.

    We have the means to repair our educational shortcomings but not the will. We prefer entertainment to fill our empty hours.

  13. I fear Trump’s lasting legacy will be the weaponization of ignorance and cruelty.

  14. no brain,no pain.. the fact is relivent, the right is preying on ignorance to get votes. this concept is in full view, and talking with like blue collars , i still cant find one here in NoDak thats even heard of 2025. as far as trumps convictions, seems these guys,and some girls, feel trump is above any conviction.until it happens to them, and they will expect the same treatment..but as lilly white as these innocents are, like they say down south, bless their little minds, er hearts…if the 2025 succeeds, imagine how education will be handed out..

  15. It seems that trump has been shown too much deference by Justice department. Mild manner Merrit Garland took several years before appointing Jack Smith to investigate the alleged crimes of trump while he was POTUS. There were two impeachment trials and the 1/6 committee that had gathered damning verifiable evidence against tfg that needed to be addressed. Now Maga claims it’s election interference.
    Also, if Biden manipulated the federal system to his advantage wouldn’t he have had his son exonerated on the federal gun charges?
    All of Maga’s destructive propaganda is undermining the facts and rule of law in their attempt to destroy the US government and to form their Authoritarian Dictatorship.

  16. Rose,

    Hunter took one minor conviction for the Biden family. If he had got off after his father wasn’t charged because of Joe’s lack of cognition, the GOP and Trump would have blown up. MAGA would explode across the country, probably for good reason. Hunter had to take one on the chin.

  17. “Republican partisans–some of whom, as elected officials, should certainly know better–accuse the Biden administration of “weaponizing” the Department of Justice, claiming that President Biden was responsible for both Alvin Bragg’s decision to charge Trump and for the subsequent jury verdict.”
    The definitely know better, but they also know that their base does not, so they can spread their untruths to garner votes.

  18. Todd,
    I don’t think Biden’s documents case was the same as trumps. If Biden had top secret documents that jeopardized national security in his garage, there would have been a lot more legal ado about it. Also, if Hunter wasn’t POTUS son, a first offense of lying when buying a gun wouldn’t be such a big deal in US. He bought a gun; he didn’t use it.

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