Donald Trump Has Broken the Constitution

The President-Elect is a figure out of authoritarian politics, not the American tradition

Donald Trump ran on a platform of relentless, thoroughgoing rejection of the Constitution itself, and its underlying principle of democratic self-government and individual rights. True, he never endorsed quartering of troops in private homes in time of peace, but aside from that there is hardly a provision of the Bill of Rights or later amendments he did not explicitly promise to override,

  • from First Amendment freedom of the press and of religion to
  • Fourth Amendment freedom from “unreasonable searches and seizures” to
  • Sixth Amendment right to counsel to
  • Fourteenth Amendment birthright citizenship and Equal Protection and
  • Fifteenth Amendment voting rights.

Why the way Trump won makes him more dangerous

For those of us who viewed a potential Donald Trump presidency with alarm, the only thing more troubling than his victory Tuesday is the manner in which he won.

.. Therefore, this victory is also a vindication — confirmation, in the eyes of the millions who evidently wish to believe it, that “Mr. Trump” is gifted with special insight and a special connection with the people.

.. Such political “miracles” (which is what, on Nov. 8, a senior adviser said a Trump win would be) confer upon their authors a particular kind of authority.It is charismatic authority, which is not quite the same as personal charm or magnetism, neither of which Trump possesses.

.. The fear, though, is that his charismatic authority intoxicates, portending great difficulty for any who would challenge him, at least at the beginning.

.. The Trump White House response could well be “He was right about the election, when everyone else said he was wrong, so who are you to say he’s not right about this, too?” — on Russia, immigration or anything else.
.. Trump can go over their heads to the GOP masses, aided by the new high priest of Republican communications, Stephen K. Bannon of Breitbart News, who has just helped Trump to campaign victory and is therefore enjoying his own powerful moment of vindication.
.. When and if resistance develops, or Trump blunders, or untoward world events — such as a recession — occur, aides will be ready to assist Trump in deflecting blame onto anyone except the new president himself, just as pro-Trump media promiscuously scapegoated the mainstream press and other enemies during the campaign.
.. The American constitutional system’s checks and balances may be about to face a historic test. If they still work, however, Trump should find himself bogged down in a series of inconclusive political battles, which ultimately disillusion his followers, encourage his opponents and force him into a more conventional, and stable, form of democratic politics.

Gritting Our Teeth and Giving President Trump a Chance

I’ve seen past elections that were regarded as the end of the world — including, in many Democratic circles, the Reagan triumph of 1980 — and the republic survived. This time as well, our institutions are stronger than any one man. We are not Weimar Germany.

It was disgraceful that many Republicans eight years ago tried to make President Obama fail. That’s not the path to emulate. Today, having lost, we owe it to our nation to grit our teeth and give President-elect Trump a chance.

.. Trump is inexperienced and makes extreme statements, but he’s not ideological. He used to be pro-choice, then suggested that women should be punished for getting an abortion, but neither is a core view — because Trump doesn’t have a core. He is an opportunist.

.. The area where Trump would be most dangerous is foreign affairs, because there he can act largely at will, unconstrained by law. Yet it is perfectly possible that Trump will appoint as secretary of state an experienced Republican like Richard Haass, with Stephen Hadley as secretary of defense, thus signaling that adults are in charge of foreign policy.

.. In 1974, when President Richard Nixon was drinking heavily during the Watergate crisis, his defense secretary, James Schlesinger, ordered the military not to obey any presidential instruction for a nuclear attack without checking further.

.. Democrats are too quick to caricature Trump supporters as deplorables. Sure, some are racists or misogynists, but many are good people who had voted for Obama in the past. My rural hometown, Yamhill, Ore., is pro-Trump, and I can tell you: The voters there are not all bigoted monsters, but well-meaning people upended by economic changes such as the disappearance of good manufacturing jobs. They feel betrayed by the Democratic and Republican establishments, and finally a candidate spoke to them.

.. Liberals condemn the stereotyping of Latinos or Muslims but have been quick to stereotype Trump voters.

.. Look, ordinary Americans have not somehow lurched into bigotry, even if they have backed a man I consider a bigot. A Bloomberg poll found that if Obama had been allowed to seek a third term, he would have defeated Trump in a landslide, 53 percent to 41 percent.

What Happened on Election Day

People I know were angry. They were tired of being told they were racist and bigoted as they went about the business of mowing their lawns, writing college tuition checks and working their jobs as cops, secretaries and teachers’ aides. They kept being told they needed to look inward, examine their sins and judge themselves guilty. They had not forgotten when Barack Obama was running for president in 2008 and his wife, Michelle, said, “For the first time in my adult lifetime, I’m really proud of my country…”

So now we have President-Elect Donald Trump. I supported him because he promised to curb regulations, cut taxes and appoint constitutionalists to the Supreme Court. I supported him because Mrs. Clinton doesn’t have what it takes to turn around a stagnant economy or stand up to the special interests that block innovation.

 

.. The real danger Mr. Trump poses is the undermining of our politics — the norms that sustain our liberal democracies. His campaign was based on a divisive politics of identity. Ideals of equity, equal rights, diversity and inclusion were submerged under the weight of a rhetoric that raised racial and ethnic tensions and inflamed passions against imagined enemies — Mexican immigrants, Chinese exporters, Muslim refugees.

Illiberal democracy has been the bane of several nations around the world. Under Mr. Trump, the traditions in the United States of checks and balances and of rule of law will be tested seriously.

The political danger will be greatly magnified by Mr. Trump’s likely economic failure. He comes into office as the putative leader of middle and lower classes who feel they have been left behind. He has raised their expectations in ways that he cannot meet. There is little chance that incomes at the middle and lower end of income distribution will receive a large boost under his policies. The manufacturing jobs that have left will not return no matter how tough Mr. Trump’s trade policies get. These jobs have disappeared for good, largely thanks to technological changes, and not trade.

.. When the full scale of his economic disappointment sinks in sometime during his term, Mr. Trump may well react in the time-honored fashion of global populists like President Vladimir V. Putin of Russia. To keep his base mobilized and insulate himself from economic troubles, he may take shelter in an intensified form of the identity politics that worked so well for him during the presidential campaign. This would rip American society further apart along racial and ethnic cleavages.

The ugliness that characterized politics during the presidential campaign may be nothing compared with what may be yet to come.

.. Now it looks like a warning shot. When Justice Antonin Scalia died in February, Donald Trump was among the first to call for stonewalling President Obama’s choice to fill the seat.

.. Since 1900, had the Senate ever refused to confirm a nominee in a presidential election year as a result of the impending election? The answer was no (even if Mr. Cruz tried to argue, against the facts, that Justice Anthony Kennedy wasn’t confirmed in the election year of 1988.) The Republicans’ refusal to grant Judge Garland a hearing or schedule a vote was in fact unprecedented.

It was a new kind of hardball.

.. When they assumed Hillary Clinton would win, Republicans including Senators John McCain of Arizona and Richard Burr of North Carolina talked about blocking Democratic Supreme Court picks indefinitely.

.. It’s hard to see how any Republican paid a price for radically altering the norms for Supreme Court appointments. Mr. Trump helped point the way, and the voters rewarded him and those who followed.

.. I believed, and still believe, that he is a man with a disordered personality and authoritarian tendencies. My job is to give him a chance to prove me wrong; his job is to prove me wrong.

.. The way he mistreats people will be normalized.

.. The Republican Party will fundamentally change, from a conservative party to one that champions European-style ethnic nationalism.

.. “Some say God moves in mysterious ways. I say, God grants humans the freedom to move in even more mysterious ways.”