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.

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Occam’s Razor Again

A few days ago, I mentioned “Occam’s Razor,” the principle that the explanation of an event or condition that requires the fewest assumptions is usually the one that’s correct. (Wikipedia tells us that “Another way of saying it is that the more assumptions you have to make, the more unlikely an explanation. Occam’s razor applies especially in the philosophy of science, but also appears in everyday life.”)

In the years since the election of 2016, I have come ever-more-firmly to the conclusion that the explanation of MAGA–as predicted by the principle of Occam’s Razor, not to mention common sense– is racism. 

There are reasons so many well-meaning Americans fail to understand this. As Rick Perlstein recently wrote, much of that failure can be attributed to coverage by the traditional media.

This failure, as I have been imploring, represents a deeply ingrained pattern, betokening a broader civic problem. In the weeks following Barack Obama’s election in 2008, America suffered an epidemic of racially motivated hate crimes: 200, all told, according to the Southern Poverty Law Center. You may not have heard about that, because it was woefully undercovered by the gatekeeping organs of American political journalism. It was crowded out by their chosen narrative: that with the election of an African American president, we had overcome.

In the nation’s vaunted Newspaper of Record, a record of that portentous violence was particularly scant—even when it occurred in New York City, on the night of Obama’s victory, when a roving mob on Staten Island committed three separate assaults on minorities. The last victim they thumped onto the hood of an automobile; he spent the next month in a coma. The New York Times only ever mentioned the crime two months later, tucked away in the “New York Region” section, when the alleged perpetrators were arraigned.

I am actually somewhat sympathetic to the “we have overcome” narrative; it was certainly my initial reaction to that election. Unfortunately for its accuracy, subsequent research has painted a very different story. While many Americans (I hope and believe a majority) rejoiced at what we thought was evidence of progress, it turned out that Obama’s election operated to surface a significant and virulent racism that had been (thinly) veiled by what was then called “political correctness” and  is now vilified as “wokeness.”

I recently came across an article about yet another academic study underlining the role of “racial resentment” in our current, ugly, polarized political time. 

“Stop the Steal: Racial Resentment, Affective Partisanship, and Investigating the January 6th Insurrection,” relied on a national survey of adults in the US conducted in 2021. As the Guardian has reported, 

Political observers are quick to blame hyperpartisanship and political polarization for leading more than 2,000 supporters of Donald Trump to riot at the US Capitol on 6 January 2021.

But according to a recently published study, “racial resentment” – not just partisanship – explains the violence that broke out after the 2020 election.

Angered over the claim, promoted by Trump and his closest allies, that heavily Black cities had rigged the 2020 election in favor of Democrats, white voters – some affiliated with white-nationalist groups and militias, and others acting alone – stormed the US capitol in an attempt to halt the certification of the 2020 election.

“What Trump and Republicans did was they tried to make the point that something nefarious was going on in areas that were primarily African American,” said David Wilson, dean of the Goldman School of Public Policy at the University of California, Berkeley, who published the study with Darren Davis, a professor of political science at Notre Dame.

The entire appeal of the MAGA movement has been a play on racist resentments: affirmative action and other remedial measures are really efforts to “rob” Whites,  taxation of the wealthy is a ruse to enable “redistribution” to unworthy Black folks, immigration is an effort to “replace” White Christians, elections of the “wrong” people have obviously been rigged…Whatever “polite” justifications voters offer for supporting Trump, the real reason, when you peel the onion, is that he hates the people they hate: Jews, Gays, Muslims…and especially, always, Black and Brown people.

The research cited by the Guardian confirmed numerous other studies that have found a major, positive correlation between racialized resentment and support for Trump and MAGA. The potential effects of that resentment for democracy were suggested by a hair-raising quotation in the final paragraph:

“If you can get people to believe that democracy is about your freedom, and that the government is taking that away through taxes, through policies, through regulatory efforts, and [even] by fixing and rigging elections, you can stoke their resentment and they can even come to resent democracy.”

If democracy helps “them,” then democracy must go….

 
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The Vision Thing

I still remember when George H.W. Bush introduced the phrase “the vision thing” into political discourse. (Bush, of course, was routinely criticized for deficits in the vision department.) This year, we have Presidential candidates who offer us dramatically different “vision things.”

President Biden has been explicit about his goals–his “visions” of a fair America. Perhaps the best summary of his vision comes from his often-employed phrase “from the middle out.” Biden wants to strengthen and increase the middle class by ensuring the availability of jobs paying living wages, and by supporting the full inclusion of women and minorities in the workforce and civic life (those “DEI” efforts hysterically denounced by MAGA folks).

Although Trump’s “vision” is difficult to discern from his incoherent speeches and verbal tics, it’s easy enough to see the autocratic and racist goals communicated through his rambling word-salads. Those who want more comprehensible specifics about his  plans for a second term need only consult the Heritage Foundation plan endorsed by his campaign: Project 2025. Project 2025 is a compendium of chilling and profoundly anti-American policies that the radical Right has long pursued–including use of the military to round up dissidents and immigrants, federal laws banning abortion and favoring a White male patriarchy, and numerous other policies inconsistent with civic equality and civil liberties.

Trump’s “vision” can be illustrated by Project 2025’s approach to urban life. The Guardian recently reported on a section describing the proposed “handling” of so-called “sanctuary cities.”  

Trump has for years railed against cities, particularly those run by Democratic officials, as hotbeds for crime and moral decay. He called Atlanta a “record setting Murder and Violent Crime War Zone” last year, a similar claim he makes frequently about various cities.

His allies have an idea of how to capitalize on that agenda and make cities in Trump’s image, detailed in the conservative Project 2025: unleash new police forces on cities like Washington DC, withhold federal disaster and emergency grants unless they follow immigration policies like detaining undocumented immigrants and share sensitive data with the federal government for immigration enforcement purposes.

Project 2025’s Mandate for Leadership: The Conservative Promise, an extensive document breaking down each part of the federal government and recommending changes to be made to advance rightwing policy, was created by the Heritage Foundation, with dozens of conservative organizations and prominent names contributing chapters based on their backgrounds.

This part of the project is another Republican attempt at a crackdown on so-called “sanctuary” cities, places around the country that don’t cooperate with the federal government on enforcing harsh immigration policies.

A prime target is Washington DC. Trump’s stump speech includes accusing the city of crime, graffiti and general mismanagement–and promising that the federal government will take over the city and run it. Since Trump’s own incompetence at running anything is fairly obvious, Project 2025 maps out the “how.” It includes using the Secret Service to police the city–despite the fact that, under current law, the Secret Service lacks any authority to enforce laws outside the White House and its immediate surrounding area. (“Laws can be changed…”)

It isn’t just D.C.

The article noted that Trump has called America’s cities “uninspiring” and has talked about building “freedom cities” on federal lands–  new cities (with flying cars!) that would be erected on unspecified vacant, federally owned land. He’s invited local leaders to work with him to get rid of “ugly buildings” and build new monuments to “our true American heroes”.

(When I read these remarks, I had a sudden, nauseating vision of cities composed of multiple, garish Trump towers erected on “vacant” national park land, populated by “freedom-loving” White men and their “tradwives.” I’m not sure who’d work in the restaurants of this city, since there wouldn’t be any of those brown-skinned immigrants…but then, Right-wing fantasies have never been noted for their logic…)

I am one of many Americans who do find the nation’s cities inspiring. As I have previously noted, my husband and I live in the urban center of our city–where an increasingly diverse population routinely introduces us to new foods, new musical and artistic trends, and new political and religious perspectives. Our city–like most American cities–is currently experiencing a blossoming of cultural and sporting offerings, and women and minority folks are prominent in government and business, as well as in sports and the arts.

In short, my everyday urban experience is the antithesis of the Rightwing’s wet dream of returning to the 1950s.

The terrifying goals described in Project 2025 illustrate the vast gulf between the visions of MAGA folks and the rest of us. In November, voters won’t simply choose between partisan candidates. We will choose between incompatible visions of America’s future.

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The Election And Sally Bowles

Last weekend, my husband and I joined a group of supporters and staff of Indianapolis’ Cabaret Theater on a weekend trip to New York. It was the first time we’d participated in these annual outings to Broadway to enjoy musical theater. This year, the entire group had tickets to the revival of “Cabaret at the Kit Kat Club.” Participants could choose from a wide variety of other shows as well, but the Cabaret revival was the common denominator.

Most Americans are familiar with previous iterations of Cabaret, but I will readily admit that this particular production had a new and concerning resonance for me.

It had been at least eight years since my husband and I had been in Manhattan, and several things seemed different on this particular trip. On a personal note, I was struck–and impressed–by how much cleaner Midtown was, and how kind and helpful people were. My husband has mobility issues that require the use of a mobility scooter, and doormen, restaurant personnel, theater ushers–even people on the streets– were unfailingly solicitous and helpful. These are not, I will note, adjectives I might have used to describe such folks on past visits.

As we braved the crowds on the streets in the theater district, it also occurred to me that the faces I encountered were the faces that upset and enrage the predominantly rural folks who make up the bulk of the MAGA movement. Native or tourist, the people we passed reflected a cosmopolitan universe: young people with purple hair on bikes or scooters, Black, brown and White men and women talking on their phones, women with hijabs, Hasidic men with fur hats… the wildly diverse America that MAGA does not want to recognize.

What really made an impression on me, however, was the performance of Cabaret. The music and staging of this particular revival were exceptional, but what really gave me chills were the similarities between Germany just before the Nazis assumed power and the United States poised on the brink of November’s election.

Let me be clear: I’m not referring to the cruelty of the Nazi assault on Jewish Germans, although it was heartbreaking to see the naiveté of the Jewish character, Herr Schultz, who insisted that “this will all blow over. After all, I am as German as they are.” Those of us who know what came later are aware of the prevalence of the sad belief of so many German Jews that it “couldn’t happen” in such a civilized, culturally-advanced country.

No, the character who summed up the nature of the real threat–then and now–was Sally Bowles, who insisted to her lover Cliff that “politics has nothing to do with us.”

Sally wasn’t the only character to dismiss so-called “political differences” as irrelevant to the lives people live. The young operative who had befriended Sally’s lover was astonished when the swastika on his armband made Cliff recoil (after all, that’s just politics, and we’re friends). But it was Sally’s utter incomprehension about why national politics should matter to her at all–why the events consuming Berlin should cause her to rethink a return to performing at the Kit Kat Club–that forced me to consider the millions of Americans who simply go about their daily lives without paying any attention to the national news or the daily revelations about the plans being made for a second Trump term.

It’s a political truth that most Americans pay little or no attention to national political campaigns until after Labor Day. (Until the expenditure of truly obscene amounts of money on electronic ads in the primaries, primary elections were low-key events interesting mostly to party insiders.)

That disengagement from politics may have been harmless when America’s two major political parties shared a basic understanding of their responsibilities–when their disputes were primarily about how to go about achieving broadly agreed-upon goals. But–just as in the Germany of Cabaret’s time–that is no longer the case. MAGA Republicans, aka Christian Nationalists, want to utterly transform what it means to be an American, just as Hitler’s Nazis wanted to redefine what it meant to be a German.

We’ve seen this play before. We know how it comes out–and how many innocent people were sacrificed to its madness.

I have repeatedly posted about the importance of turnout in the upcoming election. Unless the millions of Americans who are America’s version of Sally Bowles wake up to the fact that their lives and the lives of their children will be irreparably altered if Trump and his ilk win, America in 2024 will repeat the tragedy of 1929-30 Germany.

It could happen here.

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It’s We, The People

Robert Kagan recently published a lengthy excerpt from his recent book  “Rebellion: How Antiliberalism is Tearing America Apart — Again” in the Washington Post.

In it, he dismissed a variety of explanations for the MAGA embrace of Trump–discarding arguments that the movement is a result of rapidly changing technology, widening inequality, unsuccessful foreign policies or unrest on university campuses. Instead, he pinned it on failures of We the People.

It is what the Founders worried about and Abraham Lincoln warned about: a decline in what they called public virtue. They feared it would be hard to sustain popular support for the revolutionary liberal principles of the Declaration of Independence, and they worried that the virtuous love of liberty and equality would in time give way to narrow, selfish interest. Although James Madison and his colleagues hoped to establish a government on the solid foundation of self-interest, even Madison acknowledged that no government by the people could be sustained if the people themselves did not have sufficient dedication to the liberal ideals of the Declaration. The people had to love liberty, not just for themselves but as an abstract ideal for all humans.

Kagan worries that too many of us no longer care about preserving the system the Founders bequeathed us–a system based on the principles of universal equality and natural rights. Preserving that system, he says, “plain and simple, is what this election is about.”

“A republic if you can keep it,” Benjamin Franklin allegedly said of the government created by the Constitutional Convention in 1787. This is the year we may choose not to keep it.

Kagan follows that sentence with an extended recap of what most Americans know–about the intent of the January 6th insurrection, about Trump’s candid announcements of his goals, about the unconscionable failure of the Senate to use impeachment, the mechanism provided by the Founders, to negate the threat of further insurrection. Then he gets to the crux of his argument.

So, why will so many vote for him anyway? For a significant segment of the Republican electorate, the white-hot core of the Trump movement, it is because they want to see the system overthrown. This should not come as a shock, for it is not a new phenomenon. On the contrary, it is as old as the republic. Historians have written about the “liberal tradition” in America, but there has from the beginning also been an anti-liberal tradition: large numbers of Americans determined to preserve preliberal traditions, hierarchies and beliefs against the secular liberal principles of the Declaration of Independence and Bill of Rights. The Founders based the republic on a radical set of principles and assertions about government: that all human beings were created equal in their possession of certain “natural rights” that government was bound to respect and to safeguard. These rights did not derive from religious belief but were “self-evident.” They were not granted by the Christian God, by the crown or even by the Constitution. They were inherent in what it meant to be human.

That paragraph introduced a lengthy historical discussion in which Kagan reminded readers that MAGA is really nothing new. Throughout our history, significant numbers of Americans have rejected the classical liberal foundations of the nation’s constituent documents–and especially the notion of civic equality.

For two centuries, many White Americans have felt under siege by the Founders’ liberalism. They have been defeated in war and suppressed by threats of force, but more than that, they have been continually oppressed by a system designed by the Founders to preserve and strengthen liberalism against competing beliefs and hierarchies. Since World War II, the courts and the political system have pursued the Founders’ liberal goals with greater and greater fidelity, ending official segregation, driving religion from public schools, recognizing and defending the rights of women and minorities hitherto deprived of their “natural rights” because of religious, racial and ethnic discrimination. The hegemony of liberalism has expanded, just as Lincoln hoped it would, “constantly spreading and deepening its influence, and augmenting the happiness and value of life to all people of colors everywhere.” Anti-liberal political scientist Patrick Deneen calls it “liberal totalitarianism”….

Kagan reminds us that the fury on the Right against “wokeness” is nothing new. “Anti-liberal movements in America, whether in defense of the White race or Christianity, and more often both together, have always claimed to be suffering under the expanding hegemony of liberalism.”

There is much more, and it is definitely worth reading in its entirety.

Bottom line: MAGA’s Christian Nationalism is nothing new. In November, We the People will either defend our “natural rights” or we will lose them.

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