his repeated use of the word “fake” to describe news coverage when he actually means “unpleasant” and his style of rhetoric in front of the United Nations, where he called terrorists “losers” and applied a childish epithet to the head of a nation in whose shadow tens of thousands of American troops serve and with whom nuclear war is a live possibility, are all cases in point. There is no way to formalize conventions of maturity and dignity for presidents. Custom fills that void.
.. When he violates such customs, Mr. Trump is at his most impulsive and self-destructive. It may sound ridiculous to invoke James Madison or Edmund Burke when we talk about this president, but that is part of the problem. Mr. Trump could profit from the wisdom of his predecessor Madison, for whom the very essence of constitutionalism lay not in what he derided as “parchment barriers” — mere written commands there was no will to follow — but rather “that veneration which time bestows on every thing.” The Constitution, in other words, would be only as strong as the tradition of respecting it... Burke is generally seen as the progenitor of modern conservatism, but Mr. Trump, who came late to the conservative cause, is said to be so hostile to custom that his staff knows the best way to get him to do something is to tell him it violates tradition... demagogic campaign rallies masked as presidential addresses.. because many elements of his base associate these customs with failed politics, every violation reinforces the sense that he sides with them over a corrupt establishment... Historically, conservatism has tended to value light governance, for which custom is even more essential. Aristotle writes that “when men are friends they have no need of justice.” In other words, rules enter where informal mechanisms of society have collapsed. The philosopher and statesman Charles Frankel summed it up powerfully: “Politics is a substitute for custom. It becomes conspicuous whenever and wherever custom recedes or breaks down.”.. Since Woodrow Wilson’s critique of the framers’ work, progressive legal theory has generally denied that the meaning of the original Constitution, as endorsed by generational assent, wields authority because it is customary. Much of libertarian theory elevates contemporary reason — the rationality of the immediate — above all else.
.. The president’s daily, even hourly, abuse of language is also deeply problematic for a republic that conducts its business with words and cannot do so if their meanings are matters of sheer convenience. The unique arrogance of Mr. Trump’s rejection of the authority of custom is more dangerous than we realize because without custom, there is no law.