Tag Archives: Trump

Deconstructing America

The Founders would be dumbfounded.

Remember what you learned (maybe) in high school government class about the three “co-equal” branches of government? Well, our rogue Supreme Court says that was wrong–that judges should be the imperial, all-powerful arbiters of national life, because they know far better than the experts serving in various government agencies what government can (or really, cannot) do about elements of our common lives like air and water quality, unfair competition…you name it.

I have previously explained what was at stake in a case challenging what is called “the Chevron doctrine.” But Robert Hubbell’s Substack letter explains better than I could the appalling, immensely negative consequences of Friday’s decision over-ruling that doctrine, and I am going to quote liberally from his explanation/diatribe.

You will be able to tell your grandchildren that you lived through a judicial revolution that rewrote the Constitution to suit the financial interests of corporate America and the social agenda of an extremist minority that fetishizes guns, hates government, and seeks to impose their narrow religious views on all Americans. The open question in 2024 and beyond is whether we will reverse that revolution. The first step is to understand the earth-shaking consequences of the Court’s ruling…

The Roberts Court has anointed the judiciary as the ascendant branch of government. The person of the president—not the executive branch—is nearly omnipotent in Roberts’ schema. Congress has been neutered…

The US economy is the largest in the world by a wide margin. That size is attributable in no small measure to (a) the orderly markets and business conditions created by federal regulations and (b) the comparatively corruption-free nature of the US economy (also attributable to federal regulations).

Managing and maintaining the immense US economy is a monumental undertaking. We need regulations that control how and when fish stocks can be harvested, where medical waste can be stored, how thick concrete must be on bridge spans, what type and color of insulation must protect electrical wires, what temperature meat must be kept at when being transported across the country, and what type of information can be collected and stored in a retail transaction.

Multiply those issues by a million, and you will have a vague sense of the complexity and scale of the US economy….

Those millions of regulatory decisions demand broad and deep expertise by career professionals with advanced degrees and years of experience in their field of regulation. That expertise resides in the federal agencies housed in the executive branch under the president..Businesses hate federal regulation because they impose a trade-off: protecting the health and safety of Americans by reducing the maximum profits unrestrained businesses could earn in the short term in an unregulated economy.

The so-called “administrative state” of federal agencies has been wildly successful. It is why all international airline pilots speak English when flying between countries across the globe. It is why the US dollar is the world’s currency. It is why the world’s science, technology, and innovation hubs are located in the US. It is why every Chinese corporation that goes public in China has the goal of transferring from the Chinese stock exchanges to the New York Stock Exchange, Nasdaq, and the Chicago Options Exchange as soon as possible…

As Hubbell writes, Friday’s decision dramatically reduces the power of Congress by requiring that legislation be as specific as an instruction manual. Under Chevron, when Congress directed the Executive Branch to achieve a desired goal, agency personnel with deep expertise in the relevant area would determine how best to reach that goal. If a regulation was challenged, the Court could strike it down if evidence showed it was unreasonable, but absent such evidence, the courts  deferred to the agency’s interpretation.

Hubbell provides an example:

If the Court requires Congress to specify the precise number of salmon that can be taken from the Klamath River each year rather than saying that the NOAA Fisheries Department shall establish fishing quotas to maintain healthy fish populations in inland waterways, Congress’s work will grind to a halt. Members of Congress have neither the time nor expertise to determine a healthy fish population for each inland waterway in the US. In the absence of “the administrative state,” Congress (or the courts) must serve as the regulators of the millions of daily transactions governed by federal regulations.

In the future, when a business challenges a regulation, federal judges rather than agency experts will interpret and apply–or more likely, overturn– the regulation. We’ve seen the arrogance and fact-free behavior of recent, ideologically-driven judicial appointees. 

The Trump judges on the Supreme Court have accomplished things near and dear to the Rightwing heart. In addition to dramatically undermining the liberties protected by the Bill of Rights, they have substantially deconstructed the checks and balances of the Founders’ government structure. They certainly aren’t “originalists” in any sense that matters.

At best, it will take years–generations–to undo the damage. At worst, a Trump win in November and implementation of Project 2025, would foreclose any possibility of enlarging or otherwise restraining this rogue Court and beginning to reverse the enormous damage it has caused.

What is truly terrifying is how few Americans seem to understand the stakes.

This election is a choice between an elderly man who has been an exemplary President but a poor debater and an equally elderly man who, in service to his own monumental ego and his rabid White Christian Nationalist base, is intent upon destroying America as we know it. 

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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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Parties Versus Cults

A recent essay in the Washington Post considered the inside baseball aspects of party platforms.

“Back in the day,” when politics was far more focused on policy, I participated in local efforts to craft platforms that reflected thoughtful policy positions; as the linked article notes, those days–and their “thoughtful discussions”– are long-gone. As the essay also noted, while candidates sometimes tried to distance themselves from unpopular planks, platforms mattered. They revealed which factions really held power, and testified to the differences between Democrats and Republicans.

That was then. Policy doesn’t matter when politics is all about a cult waging culture war.

Four years ago, having scaled back their convention because of covid-19, the Republicans who nominated Donald Trump to a second term didn’t bother to adopt a platform at all. Instead, the party decided to stick with its 2016 document and “continue to enthusiastically support the President’s America-first agenda.”

The last actual GOP platform contains all sorts of commitments that the the current crazies have abandoned.

That eight-year-old platform is a fossil of primordial, pre-MAGA conservatism — of a day when abortion rights seemed secure enough that posturing against them carried little political cost; when Republicans could agree that Ukraine’s “sovereignty and territorial integrity” needed to be defended against “a resurgent Russia.”

Written before our rogue Supreme Court overturned Roe, the platform pandered to single-issue anti-choice voters with a plank supporting a human life amendment to the Constitution that would make the Fourteenth Amendment’s protections apply to children before birth. That’s going to be a bit awkward in a country where something like 70% of voters are pro-choice– and angry about the first-ever retraction of a constitutional right.

So maybe it is time for today’s Republicans to acknowledge the truth. They are no longer a party with any firm principles at all. Enduring and consistent values? Not for them.

Come to think of it, this whole exercise of writing a 2024 platform for the Republican Party could be pretty simple. Why bother with putting together another 60-page document when the truth about today’s GOP can be summed up in a single sentence?

“RESOLVED, That the Republican Party stands for whatever the hell Donald Trump says it does.”

Robert Hubbell recently reminded us just “what the hell” Trump has said lately.

Trump has promised to deny funds to any school that requires mandatory vaccines. Childhood vaccines against 16 diseases have saved hundreds of thousands of lives over the last century. Defunding schools that require vaccines will cause outbreaks of diseases that have been effectively eliminated. See HuffPo, Trump Makes Bizarre Threat About Schools And Vaccine Mandates.

Trump says that business leaders who do not support him should be fired. NBC News, Trump says business executives should be ‘fired for incompetence’ if they don’t support him.

Trump trashed Fox News for having the temerity to interview a guest—former Speaker Paul Ryan—who was critical of the former president. Trump said, “Nobody can ever trust Fox News, and I am one of them.” MSN, Trump Loses It At Fox News, Says No One Can Trust It.

Trump said that President Biden’s student loan forgiveness plans are “stunts” that will be “rebuked” if Trump is elected. See The Independent, Trump calls Biden’s student loan forgiveness a ‘vile’ publicity stunt.

Trump recently told the Danbury Institute that, if elected, “These are going to be your years because you’re going to make a comeback like just about no other group . . . And I’ll be with you side by side.” The Danbury Institute promotes fetal personhood, opposing abortion from “the moment of conception” (a position that would effectively ban IVF). See Missouri Independent, Trump says he’ll work ‘side by side’ with group that wants abortion ‘eradicated.

Granted, Trump says whatever he thinks a given audience wants to hear–his lack of any comprehensive policy commitment (or understanding of what policy is or how government operates) is one reason his initial term did less damage than it might otherwise have done. Should he win in November, he’ll have the far greater competence of Project 2025 authors to draw on.

David Sedaris said it best. Anyone who thinks there is any equivalence between Joe Biden and Donald Trump is like the airline passenger in his often-cited example:

The flight attendant comes down the aisle with her food cart and, eventually, parks it beside my seat. “Can I interest you in the chicken?” she asks. “Or would you prefer the platter of shit with bits of broken glass in it?”

To be undecided in this election is to pause for a moment and then ask how the chicken is cooked.

To vote for Donald Trump–or the Indiana GOP’s Christian Taliban–is to reject the chicken.

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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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