Harvard professors Steven Levitsky and Daniel Ziblatt are experts in what makes democracies healthy — and what leads to their collapse. They warn that American democracy is in trouble.
.. And you note that there have been figures in American political history that could be regarded as dangerous demagogues and that they’ve been kept out of major positions of power because we’ve had gatekeepers – people who somehow controlled who got access to the top positions of power – presidential nominations, for example. You want to give us some examples of this?
LEVISKY: Sure. Henry Ford was an extremist, somebody who was actually written about favorably in “Mein Kampf.” He flirted with a presidential bid in 1923, thinking about the 1924 race, and had a lot of support, particularly in the Midwest. Huey Long obviously never had the chance to run for president. He was assassinated before that.
DAVIES: He was the governor of Louisiana, right?
LEVISKY: Governor of Louisiana, senator and a major national figure – probably rivaled really only by Roosevelt at the end of his life in terms of popularity. George Wallace in 1968, and again in 1972 before he was shot, had levels of public support and public approval that are not different – not much different from Donald Trump. So throughout the 20th century, we’ve had a number of figures who had 35, 38, 40 percent public support, who were demagogues, who didn’t have a strong commitment to democratic institutions, in some cases were quite antidemocratic, but who were kept out of mainstream politics by the parties themselves.
The parties never even came close to nominating any of these figures for president. What was different about 2016 was not that Trump was new or that he would get a lot of support but that he was nominated by major party. That’s what was new.
.. And so our behavior needs to be guided by informal rules, by norms. And we focus on two of them in particular – what we call mutual toleration, which is really, really fundamental in any democracy, which is simply that among the major parties, there’s an acceptance that their rivals are legitimate, that we may disagree with the other side. We may really dislike the other side. But at the end of the day, we recognize publicly – and we tell this to our followers – that the other side is equally patriotic, and that it can govern legitimately. That’s one.
The other one is what we call forbearance, which is restraint in the exercise of power. And that’s a little bit counterintuitive. We don’t usually think about forbearance in politics, but it’s absolutely central. Think about what the president can do under the Constitution. The president can pardon anybody he wants at any time. The president can pack the Supreme Court. If the president has a majority in Congress – which many presidents do – and the president doesn’t like the makeup of the Supreme Court, he could pass a law expanding the court to 11 or 13 and fill with allies – again, he needs a legislative majority – but can do it. FDR tried.
The president can, in many respects, rule by decree. If Congress is blocking his agenda, he can use a series of proclamations or executive orders to make policy at the margins of Congress. What it takes for those institutions to work properly is restraint on the part of politicians. Politicians have to underutilize their power. And most of our politicians – most of our leaders have done exactly that. That’s not written down in the Constitution.
.. You know, it’s interesting. I think one of the things that people say when people warn that Donald Trump or someone else could undermine American democracy and lead us to an authoritarian state is we’re different from other countries in the strength of our commitment to democratic institutions. And I’m interested to what extent you think that’s true.
.. The creed to which Daniel refers and the initial establishment of strong democratic norms in this country was founded in a homogeneous society, a racially and culturally homogeneous society. It was founded in an era of racial exclusion. And the challenge is that we have now become a much more ethnically, culturally diverse society, taken major steps towards racial equality, and the challenge is making those norms stick in this new context.
.. this is this great paradox – tragic paradox, really – that we recount in the book, which is that the consolidation of these norms, which we think are so important to democratic life of mutual toleration and forbearance, were re-established, really, at the price of racial exclusion. I mean, there was a way in which the end of Reconstruction – when Reconstruction was a great democratic effort and experiment – and it was a moment of democratic breakthrough for the United States where voting rights were extended to African-Americans. At the end of Reconstruction throughout the U.S. South, states implemented a variety of reforms to reduce the right to vote – essentially, to eliminate the right to vote for African-Americans. And so after the 1870s, American democracy was by no means actually really a full democracy. And we really think that American democracy came – really, it was a consolidated democracy really only after 1965.
.. It’s difficult to find a precise date. But we look at the 1990s and, particularly, the rise of the Gingrich Republicans. Newt Gingrich really advocated and taught his fellow Republicans how to use language that begins to sort of call into question mutual toleration, using language like betrayal and sick and pathetic and antifamily and anti-American to describe their rivals.
And Gingrich also introduced an era or helped introduce – it was not just Newt Gingrich – an era of unprecedented, at least during that period in the century, hardball politics. So you saw a couple of major government shutdowns for the first time in the 1990s and, of course, the partisan impeachment of Bill Clinton, which was one of the first major acts – I mean, that is not forbearance. That is the failure to use restraint.
.. DAVIES: And did Democrats react in ways that accelerated the erosion of the norms?
LEVISKY: Sure. In Congress, there was a sort of tit-for-tat escalation in which, you know, one party begins to employ the filibuster. For decades, the filibuster was a very, very little-used tool. It was almost never used. It was used, on average, one or two times per Congressional session, per Congressional period – two-year period – so once a year. And then it gradually increased in the ’70s, ’80s, ’90s.
.. It was both parties. So one party starts to play by new rules, and the other party response. So it’s a spiraling effect, an escalation in which each party became more and more obstructionist in Congress. Each party did – took additional steps either to block legislation, because it could, or to block appointments, particularly judicial appointments. You know, Harry Reid and the Democrats played a role in this in George W. Bush’s presidency – really sort of stepped up obstructionism.
.. So there’s this kind of spiral, you know, which is really ominous, where one side plays hardball by holding up nominations, holding up legislation in Congress, and there’s a kind of stalemate. And so the other side feels justified in using executive orders and presidential memos and so on. These also are – you know, have been utilized by Barack Obama. So there’s a way in which politicians, on both sides, are confronted with a real dilemma, which is, you know, if one side seems to be breaking the rules, and so why shouldn’t we? If we don’t, we’re kind of being the sucker here.
.. We think that the most egregious sort of pushing of the envelope began with Republicans, particularly in the 1990s and that the most egregious acts of hardball have taken place at the hands of Republicans. I’ll just list four –
- the partisan impeachment of Bill Clinton,
- the 2003 mid-district redistricting in Texas, which was pushed by Tom DeLay,
- the denial – essentially, the theft of a Supreme Court seat with the refusal to even take up the nomination of Merrick Garland in 2016 and
- the so-called legislative coup pulled off by the Republican-controlled legislature in North Carolina in 2016.
.. there’s two real things that Donald – President Trump has done that make us worry. One is his politicization of the rule of law or of law enforcement intelligence. And so you know, we – in a democracy, law enforcement intelligence have to be neutral. And what he has tried to do with the FBI, with the attorney general’s office is to try to turn law enforcement into a kind of shield to protect him and a weapon to go after his opponents. And this is something that authoritarians always do. They try to transform neutral institutions into their favor. And you know, he’s had some success of it. There’s been lots of resistance as well, though, from – you know, from Congress and from society and media reporting on this and so on. But this is one worrying thing.
A second worrying thing is – that you just described as well is his effort to – his continued effort to delegitimize media and the election process. So he – so one of the things that we worried about a lot in the book was the setting up – and we describe how – the process by which this happened – the setting-up of electoral commission to investigate election fraud.
because exactly three years ago, the Democratic Senate majority — led by Harry Reid (Nev.) — rammed through controversial rules fundamentally changing the way the Senate does business. They unleashed in November 2013 what’s called the “nuclear option” allowing senators to approve by a simple majority all presidential appointments to the executive branch and the judiciary, with a big exception for Supreme Court justices.
.. Patrick Leahy (D-Vt.) had harsh words for his colleague.
“Senator Sessions and I have had significant disagreements over the years, particularly on civil rights, voting rights, immigration and criminal justice issues. But unlike Republicans’ practice of unprecedented obstruction of President Obama’s nominees, I believe nominees deserve a full and fair process before the Senate,” Leahy said
.. “Congressman Mike Pompeo, a leading cheerleader of the Benghazi witch hunt, is now being asked to fill one of the most serious and sober national security positions there is,” House Minority Leader Nancy Pelosi (D-Calif.) said in a statement Friday.