By Rudy Barnes, Jr., November 23, 2024
Thanksgiving is next week. It’s a time when Americans normally give thanks for their freedom and democracy as protected in the Constitution. But this year Americans are facing a threat to their nation from the power-hungry despot they elected as their President and his GOP supporters. Are Americans prepared to support and defend their Constitution from this threat?
Peter Baker of the New York Times, a liberal newspaper, has illustrated Trump’s threat to undermine the Constitution with his nominees for cabinet offices. They reflect an electorate polarized by Trump and his billionaire minions, and the vulnerability of America’s libertarian democracy to exploitation and corruption by authoritarian right-wing radicals.
Most people who serve in public office have taken an oath to support and defend the Constitution. I did as an elected official and as an Army officer, and I believe every candidate should be required to take that oath. Human depravity corrupts politics. Without an obligation to support and defend the Constitution, narcissistic politicians like Trump will corrupt politics.
A third party could reduce the likelihood of polarized partisan politics in America, but no third party has ever been competitive in national elections. Partisan voting restrictions would be opposed by both parties in the current two-party system; and while all voting systems avoid tie votes, cumulative voting won’t work in a two person (Presidential) election.
When elections don’t resolve major differences, civil war can result--as in 1860. It had tragic results that could be repeated today; and Trump praised those who supported his false claims in the January 6, 2021 insurrection. Trump got his revenge in the recent election, and if he succeeds in undermining the Constitution, there could be a more disastrous insurrection.
America’s Founding Fathers would have recognized Trump and his minions as enemies of the freedom and democracy provided in their 18th century Constitution. They used checks and balances to prevent unprincipled politicians like Trump and his GOP minions from usurping the rights and remedies of the states and the people provided in the Constitution.
But this is not the 18th century. Majorities in the elections of 2026 and 20
28 will decide whether to support Trump and his GOP wrecking crew, or stop him and defend the checks and balances of the Constitution. David French thinks that future majorities will support and defend the Constitution rather than undermining it. I’m not so sure; but I hope that French is right.
The Constitution provides for change, and has been amended 27 times. Amending the Constitution is a far better way to change it than allowing Trump to trash it and risking a populist anarchy or another civil war. But beware of other demagogues who are waiting in the wings to succeed Trump at the end of his second term, when the Constitution will prohibit his reelection.
Notes:
Peter Baker has described Trump’s efforts to undermine the Constitution with appointments of like minded people to his cabinet as “something more than a political disruption. Revolution maybe. In less than two weeks since being elected again, Donald J. Trump has embarked on a new campaign to shatter the institutions of Washington embedded in the Constitution as no incoming president has in his lifetime. Mr. Trump has said that “real power” is the ability to engender fear, and he seems to have achieved that. And if he gets his way on selections for some of the most important posts in government, he would put in place loyalists intent on blowing up the very departments they would lead.
He has chosen a bomb-throwing backbench congressman who has spent his career attacking fellow Republicans and fending off sex-and-drugs allegations to run the same Justice Department that investigated him. He has chosen a conspiracy theorist with no medical training who disparages the foundations of conventional health care to run the Department of Health and Human Services. He has chosen a weekend morning television host with a history of defending convicted war criminals while sporting a Christian Crusader tattoo that has been adopted as a symbol by the far right to run the most powerful armed forces in the history of the world. And he has chosen a former congresswoman who has defended Middle East dictators and echoed positions favored by Russia to oversee the nation’s intelligence agencies. Then came the nominations of Matt Gaetz for attorney general, Robert F. Kennedy Jr. for secretary of health and human services, Pete Hegseth for defense secretary and Tulsi Gabbard for director of national intelligence. Republicans gasped out loud at news of Mr. Gaetz’s selection. And the Trump camp was surprised to learn that Mr. Hegseth paid a woman who accused him of sexual assault as part of a settlement agreement, although he insists it was a consensual encounter. Don Baer, a former White House communications director under President Bill Clinton, said Mr. Trump was challenging the foundations of the American system. The eruption in Washington is his goal as he tries to tear down the system. Mr. Trump has attracted less attention in tapping Elon Musk to head a new Department of Government Efficiency along with Vivek Ramaswamy. Mr. Trump has handed vast influence over the federal government to a billionaire who profits from billions of dollars in government contracts.
Trump has learned how to move the spectrum of outrage. Sarah Matthews, a former deputy White House press secretary for Mr. Trump who broke with him, said on MSNBC. “He is drunk on power right now because he feels like he was given a mandate by winning the popular vote.” In fact, it is not much of a mandate. While Mr. Trump won the popular vote for the first time in three tries, he garnered just 50.1 percent nationally, according to the latest tabulation by The Times, just 1.8 percentage points ahead of Vice President Kamala Harris. When the slow-counting blue giant of California finally finishes tallying its votes, that margin is likely to shrink a bit more. The Cook Report already calculates that his percentage has fallen below 50 percent, meaning he did not win a majority. Mr. Trump has been acting as if he were more popular than he really is. Despite his modest margins, he has exhibited more dominance of his own party than any president in modern times. And his Senate recess demand will test just how far that dominance will go. The recess appointment power in the Constitution was designed to let a president temporarily fill vacancies while Congress was out of town in an era when it took weeks or months to travel to Washington. But Mr. Trump wants to use the power to sidestep the Senate’s constitutional duty to advise and consent to appointments. Senate Republican leaders did not rule out the idea, and it may be the only way to get Mr. Gaetz and some of the others through. Even if senators do not agree, some conservatives have warned that Mr. Trump may try to employ a little-used provision in the Constitution allowing him to force a recess. Tom Daschle has said. “This is a major test to our system of checks and balances. The Congress must demonstrate its commitment to its constitutional role. And it is critical that it does it now. Failure to do so is an acknowledgment that the president’s promise will become the reality.” https://www.nytimes.com/2024/11/17/us/politics/trump-signals-a-seismic-shift-shocking-the-washington-establishment.html.
On David French’s more optimistic outlook, see Donald Trump Is Already Starting to Fail, at https://www.nytimes.com/2024/11/17/opinion/trump-kennedy-gaetz-hegseth.html.
On Trump’s replacement of Mac Gaetz with Pam Bondi, see new face, same goals?, at https://www.nytimes.com/2024/11/22/business/dealbook/bondi-attorney-general-gaetz.html.