‘How Democracies Die’ Authors Say Trump Is A Symptom Of ‘Deeper Problems’

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 –

  1. the partisan impeachment of Bill Clinton,
  2. the 2003 mid-district redistricting in Texas, which was pushed by Tom DeLay,
  3. 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
  4. 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.

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.

Gorsuch’s speeches raise questions of independence, critics say

Last week found McConnell (R-Ky.) and Gorsuch traveling the Bluegrass State together for a tour of the senator’s alma maters.

.. Critics likened it to a “victory lap” for McConnell and said it amplified questions that were already being asked about Gorsuch’s independence from the Republicans

.. Trump and Republican leaders have celebrated Gorsuch’s confirmation as perhaps the signature accomplishment of the new administration

.. he has accepted an invitation to speak to a conservative legal scholarship group Thursday at Trump International Hotel in Washington.

.. But Gorsuch’s detractors see the speeches as hand-delivered thank-you notes, undermining attempts to present himself as an independent-minded justice.

“All of this indicates that he’s just ethically tone-deaf,” said Deborah L. Rhode

.. “Whether or not this breaks any explicit ethics rules, it is certainly not the behavior you’d expect from someone trying to ensure the appearance and reality of judicial independence and impartiality,”

..  “Chief Justice [John] Roberts likes to say that there aren’t Democratic or Republican justices. Gorsuch traveling around with the Republican Senate majority leader in what seems to be a sort of victory lap appears disturbingly out of step with the chief’s sentiment.”

.. The legislative muscle by McConnell and abundant praise from Trump is partly why Gorsuch’s appearances are seen through a partisan lens.

.. “One of my proudest moments was when I looked at Barack Obama in the eye and I said, ‘Mr. President, you will not fill this Supreme Court vacancy,’ ” McConnell told his constituents.

That left Obama’s nominee, Judge Merrick Garland, hanging, and his chances ended with Trump’s election.

 

.. Facing calls to divest his business interests, Trump turned over management of the Trump Organization to his two oldest sons and vowed to reap no hotel profits during his presidency. But against the advice of top federal ethics officials, he has retained his ownership stake in the hotel, allowing him to eventually profit from the business.

.. “Is this any different from speeches and events Justice [Ruth Bader] Ginsburg attends on a regular basis?” Adler asked in an interview with The Post, adding that Gorsuch’s schedule “might be a little unusual for a new justice, but I don’t think that’s out of order.”

The GOP health-care bill shows the need for regular order.

Kennedy was the showy performer in that ugly spectacle, but Senator Biden, as chairman of the Judiciary Committee, was the stage director. Prior to Bork’s nomination, Biden had in fact said that he would support it: Bork was, after all, a distinguished legal scholar with a long history in public service. Bork had many challenges in front of him: For one thing, he was very sharp-elbowed in intellectual disputes, which had not won him very many friends.

.. The Senate majority leader at the time was Democrat Robert Byrd, a man who had rejoiced in the title of Exalted Cyclops of the Ku Klux Klan, and who held a grudge against Bork for his role in the Watergate scandal, during which Bork had fired special investigator Archibald Cox on the orders of President Richard Nixon.

.. The Senate majority leader at the time was Democrat Robert Byrd, a man who had rejoiced in the title of Exalted Cyclops of the Ku Klux Klan, and who held a grudge against Bork for his role in the Watergate scandal, during which Bork had fired special investigator Archibald Cox on the orders of President Richard Nixon.

.. The Democratic primary field was very full: There was Biden

.. Biden could not afford to stand by his earlier assessment of Bork and announced his opposition to the nomination shortly after it was made formal.

.. The 14 hours Senator Byrd had spent filibustering the Civil Rights Act of 1964 did not prevent him from becoming the Democratic leader in the Senate.

.. The Bork nomination, on the other hand, was an ordinary piece of government business elevated by Democrats to the status of national emergency in the service of narrow partisan interests. Biden was running for president, Kennedy was running for conscience of the Democratic party, and Byrd, frustrated by Republicans’ lack of cooperation on a number of his spending priorities, had promised: “They’re going to pay. I’m going to hit them where it hurts.”

.. The hysteria and vitriol directed at Bork were of a sort rarely seen since the early 19th century. But they quickly became commonplace.

.. But the rules of the game are not all there is to the game. What in another context might be called “sportsmanship” is in politics a question of prudence and even of patriotism, forgoing the pursuit of every petty partisan advantage made possible

.. The progress from Robert Bork to Merrick Garland is a fairly obvious story, but there is more to it than that:

  • The increasing reliance upon legislative gimmicks such as omnibus spending bills and retrofitting legislation to fit with the budget reconciliation process,
  • the substitution of executive orders and open-ended regulatory portfolios (“the secretary shall . . . ”),
  • the prominence of emergency “special sessions” in the state legislatures,
  • the absence of regular order in the legislative and appropriations process —

all are part of the same destructive tendency. Procedural maximalism in effect turns the legislative system against itself, substituting the exception for the rule and treating every ordinary item of business as a potential emergency item.

.. at the time, their numbers in the Senate were enough to secure their victory without a filibuster. But the course they set in those hearings — one of maximal confrontation, of reaching for whatever procedural cudgel is close at hand — led directly to our current state of governmental dysfunction.

.. at the time, their numbers in the Senate were enough to secure their victory without a filibuster. But the course they set in those hearings — one of maximal confrontation, of reaching for whatever procedural cudgel is close at hand — led directly to our current state of governmental dysfunction.

.. The recently proffered Republican health-care bill instantiates much of what is wrong with our politics:

The bill was constructed through an extraordinary process in which there were

  • no hearings,
  • no review from the Congressional Budget Office, and
  • no final text of the legislation until shortly before the vote.
  • The process is erratic and covert rather than regular and transparent.
  • It was put together in a purposeful way to avoid substantive debate and meaningful public discourse,

making the most of the majority’s procedural advantages for purely political ends.

.. As Rod Dreher recently put it, Republicans will have to choose whether they love the rule of law more than they hate the Left.

.. Republican populists who argue that the GOP must play by the same rules in the name of “winning” have very little understanding of what already has been lost and of what we as a nation stand to lose.

The United States will not thrive, economically or otherwise, in a state of permanent emergency.

.. What’s truly remarkable about our current constant national state of emergency is that no one can say exactly what the emergency is. But we all seem to be very sure that something has to be done about it right now, that we must rouse ourselves to excitement about it, and that the ordinary rules of lawmaking and governance no longer apply.

There is not much political mileage to be had from arguing for regular order, transparency, and procedural predictability — but that’s part of what makes those things so valuable. Order in the little things is a necessary precondition of order in the big things. Orderly government cannot be built on a foundation of procedural chaos.