Trump’s Tool Kit Does Not Include the Constitution

a survey of 2000 voters that shows public faith in 27 key democratic principles — ranging from the independence of the judiciary to constitutional limits on executive power — has declined across the board.

.. from September 2017 to January 2018, voters’ assessments of the ability of the courts, Congress and the Constitution to “effectively check executive power dropped by 7-8 percentage points.”

.. If scholars are right that erosion proceeds on a piecemeal basis, and that the first steps often entail targeting democracy’s “referees,” then our results regarding declines in judicial independence and support for a free press are especially disturbing.

.. On Monday, he charged that Democratic members of the House and Senate were treasonous in their failure to applaud him during his State of the Union address. In a speech in Blue Ash, Ohio, Trump described how he saw it:

You’re up there, you’ve got half the room going totally crazy, wild — they loved everything, they want to do something great for our country. And you have the other side, even on positive news — really positive news, like that — they were like death and un-American. Un-American. Somebody said, “treasonous.” I mean, yeah, I guess, why not? Can we call that treason? Why not?

.. Iyengar posed the following hypothetical:

Let’s assume that Mueller uncovers evidence of collusion and close associates of the Prez are implicated. Republicans are likely to deny the validity of the charges on the grounds that the investigators are biased and Republicans in Congress, as they’ve repeatedly demonstrated, will stick by Trump since the base is with him. Trump, of course, will continue with the ‘hoax’ narrative, and his surrogates in the media will be only too happy to back him up. At that point, we will have a very real threat to the rule of law.

.. Trump’s attacks on the F.B.I. are a case study in his polarization strategy. Since its founding in 1908, the F.B.I. has had substantial popular support, especially among Republicans.

.. Polarization by party identity is so powerful at the moment that most voters see the world through thick red and blue lenses. Almost everything is politicized. And, in almost every study I have run, I find that Republicans are more intense partisans than Democrats on average. We’ve seen partisanship color Republican evaluations of the FBI (negatively) and Russia and Putin (positively).

..  Trump has a negative 40-55 percent approval rating, but it’s “his best overall score in seven months.”

.. Seventy percent of voters described the economy as excellent or good, the highest since 2001

.. in politics, “what matters in the economy is real disposable income over the 6-12 months before an election.”

.. the future of democracy in America during the Trump administration depends as much or more on unemployment, take home pay, the Dow Jones industrial average, tax rates and the gross domestic product as on principled support for the rule of law.

.. as the investigation by the special counsel, Robert Mueller, continues to pursue lines of inquiry reaching deep into the White House, Trump will have plenty of opportunities in the near future to push the envelope on the rule of law.

.. I see the Democrats poised right now to make net gains of about 10 to 14 seats. They need 25 or so depending on vacancies.

..  Franklin Roosevelt’s seeking of a third (and then a fourth) term is among the most important norm violations in American political history. He hadn’t been dead for two years before both chambers of Congress proposed the 22nd amendment to limit presidents to two terms.

.. After Lincoln’s use of emergency powers to flex presidential power in ways not previously seen, Congress fought back against his successor, Andrew Johnson. More of his vetoes were overridden (15) than for any other president and Congress limited presidential influence over executive branch employment by passing the Tenure of Office Act (1867).

.. Trump won the Republican nomination and the presidency by conducting a campaign directly challenging the notion that the electorate will punish a politician for “violating accepted constitutional arrangements.”

.. If Republicans retain control of both branches of Congress in 2018 — even if by just one vote in the House and a 50-50 split (with Vice President Pence the tiebreaker) in the Senate — Trump will claim vindication. His assault on the pillars of democracy will continue unabated, with increasingly insidious effect.

Trump’s successes are thanks to Republicans. His failures are thanks to Trump.

Vice President Pence’s obsequiousness at a recent Cabinet meeting — “Thank you for seeing, through the course of this year, an agenda that is truly restoring this country. . .” and on, and on — might be appropriate at a Communist Party Central Committee meeting or at a despot’s birthday party.

.. The divestment of self-respect is a qualification for employment in the Trump administration. Praising the Dear Leader in a Pence-like fashion seems to be what the Dear Leader requires — not in the way we might need dessert after dinner, but in the way an addict needs drugs.

.. President Trump divides the world into two categories: flunkies and enemies. Pence is the cringing, fawning high priest of flunkiness

.. Any Republican president from the 2016 primary field would have appointed conservative judges, continued the offensive against the Islamic State, and cut taxes and regulations. (He or she would also, in all likelihood, have succeeded at an Obamacare replacement.)

.. Trump spent the political capital of his first year — the highest it will ever be — on a few, generic GOP goals.

  • .. Trump has tried to undermine the credibility of important institutions — the courts, the FBI, intelligence agencies, the media — that check his power and expose his duplicity.
  • He has used his office (and Twitter account) to target individual Americans for harm without due process.
  • He attacks the very idea of truth in a daily torrent of despicable lies.
  • The moral authority of the presidency is in tatters.
  • He has made our common life more vulgar and brutal, and complicated the moral education of children.
  • Racists are emboldened and included in the GOP coalition.
  • He has caused a large portion of Republicans to live in an alternate reality of resentment and hatred,
  • which complicates the possibility of governing and is likely to discredit the party among the young, minorities, women and college-educated voters for decades to come.

.. Almost all of Trump’s accomplishments are the work of traditional Republican policy staffers and congressional leaders. Almost all of Trump’s failures are functions of his character. And that isn’t going to change.

The Peril of Trump’s Populist Foreign Policy

His style of deal-making prizes uncertainty and brinkmanship, without a plan for what comes next.

Mr. Trump’s foreign policy reflects his instinct for political realignment at home, based on celebrity populism.

Populist movements feed off grievances and impatience with traditional politics. Frustrations—whether generated by economic distress, social displacement, or cultural challenges—fuel skepticism about institutions and elites. Challengers (who want to become the new elite) attack traditional leaders as out of touch, incompetent and corrupt.

.. First, it professes to reflect the will of a scorned people.

.. Second, populism finds and blames enemies, domestic or foreign, who thwart the people’s will. Mr. Trump has mastered insulting such scapegoats.

.. Third, populism needs “the leader,” who can identify with and embody the will of the people. Like other populist leaders, Mr. Trump attacks the allegedly illegitimate institutions that come between him and the people. His solutions, like those of other populists, are simple. He contends that the establishment uses complexity to obfuscate and cover up misdeeds and mistakes. He claims he will use his deal-making know-how to get results without asking the public to bear costs.

.. Mr. Trump’s foreign policies serve his political purposes, not the nation’s interests

  • .. He says the U.S. needs to build a wall to keep Mexicans at bay—and Mexico will pay for it. He asserted he would
  • block Muslims from coming to America to harm us.
  • His protectionist trade policies are supposed to stop foreigners from creating deficits, stealing jobs, and enriching the corporate elite.
  • Mr. Trump also asserts that U.S. allies have been sponging off America. T
  • he U.S. military is supposed to hammer enemies and not bother with the cleanup—even if the result, for example in Syria, is an empowered axis of Iran, Shiite militias, Hezbollah and Bashar Assad’s regime.

.. The president’s emphasis on discontinuity—breaking things—demonstrates action while disparaging his predecessors.

.. His style of deal-making prizes uncertainty and brinkmanship, which risks escalation, without a plan for what comes next.

..  Other presidents led an alliance system that recognizes U.S. security is connected to mutual interests in Europe, the Asia-Pacific region and the Middle East. Past presidents believed that the U.S. economy would prosper in a world of expanding capitalism

..  Mr. Trump dismisses this U.S.-led international system as outdated, too costly and too restrictive of his case-by-case deal-making.

Institutions:

  • .. Trump disdains America’s intelligence agencies and is
  • dismantling the State Department. His foils at home are
  • the courts,
  • the press, a clumsy
  • Congress beholden to antiquated procedures, and even
  • his own Justice Department.

.. Mr. Trump’s recent trip to Asia reveals that foreigners have taken his measure. They play to his narcissism. He in turn basks in their attention, diminishes his own country by blaming past presidents, and preens with promises of great but unspecified things to come. 

.. The president’s need to project an image of personal power—for his domestic audience and his ego—makes him more comfortable with authoritarian leaders. Presidents Xi Jinping, Vladimir Putin and Rodrigo Duterte have noticed, as has part of the Saudi royal family. 

.. Sixty percent say alliances with Europe and East Asia either are mutually beneficial or mostly benefit the U.S. Record numbers say international trade is good for consumers (78%), the economy (72%) and job creation (57%). Some 65% support providing illegal immigrants a path to citizenship, and only 37% characterize immigration as a critical threat. All these numbers have shifted against Mr. Trump’s positions since the election.

 .. Democratic leaders face a challenge as well. Their voters, especially younger ones, increasingly support trade

Scalias All the Way Down

The president is stocking the courts with a class of brilliant young textualists bearing little relation to even their Reagan or Bush predecessors. Mr. Trump’s nastygrams to Bob Corker will be a distant memory next week. Notre Dame law professor Amy Coney Barrett’s influence on the Seventh U.S. Circuit Court of Appeals could still be going strong 40 years from now.

.. Mr. Trump has now nominated nearly 60 judges, filling more vacancies than Barack Obama did in his entire first year. There are another 160 court openings, allowing Mr. Trump to flip or further consolidate conservative majorities on the circuit courts that have the final say on 99% of federal legal disputes.

.. Harry Reid’s 2013 decision to blow up the filibuster for judicial nominees has freed the Trump White House from having to worry about a Democratic veto during confirmation. Mr. McGahn’s team (loaded with former Clarence Thomas clerks) has carte blanche to work with outside groups like the Federalist Society to tap the most conservative judges.

.. The result has been a band of young rock stars and Scalia-style textualists like Ms. Barrett, Texas Supreme Court Justice Don Willett and Minnesota Supreme Court Associate Justice David Stras.

.. Because Mr. Trump’s picks have largely spent their careers focused on administrative law and constitutional questions, few have gotten bogged down by controversial cultural rulings. They do have paper trails, but mostly on serious and technical issues. This helps reassure Republicans even as it deprives Democrats of the fodder they’d need to stage dramatic opposition.

.. Conservatives praised Mr. McConnell last year for refusing to consider Judge Merrick Garland, whom Mr. Obama had nominated to the Supreme Court. Less well known is the sheer number of federal judgeships Mr. McConnell sat on as the Obama administration wound down. Mr. Trump took office with 107 lower-court vacancies

.. The Trump judicial reset was never guaranteed. Mr. McConnell just happens to have a steely passion for remaking the judiciary. Previous majority leaders Trent Lott (best friends with trial lawyers) and Bill Frist (nice, nice) would never have gotten Justice Gorsuch confirmed. Those guys were the “establishment.”

The Trump judicial reset was never guaranteed. Mr. McConnell just happens to have a steely passion for remaking the judiciary. Previous majority leaders Trent Lott (best friends with trial lawyers) and Bill Frist (nice, nice) would never have gotten Justice Gorsuch confirmed. Those guys were the “establishment.”

..  Mr. Trump will keep baiting the media with shiny objects. In the background, government is being redone.