government

Here are 6 unexpected traits protecting US Democracy from Trump’s assault

Atlantic authors Kevin Cope and Mila Versteeg say Americans don’t generally brag about America’s ponderous, glacier government and its stubborn, recalcitrant court system. However, these “trade-offs … offer a clear advantage when democracy is under threat.”

U.S. courts are legion, and they form a formidable army a would-be autocrat must fight past. Judicial review in much of Europe and Latin America is often centralized in a single constitutional court, so despots “need only capture a single court to effectively remove judicial constraints,” by adjusting age limits or creating additional seats.

“The United States’ court system is built differently: Hundreds of lower-court federal judges with lifetime tenure have both the formal power and the political will to invalidate executive actions nationwide,” write Mila Versteeg, a professor at the University of Virginia School of Law, and Kevin Cope, an associate professor of law and public policy at the University of Virginia.

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“Even judges appointed by Republican presidents, including by Trump himself, commonly rule against him. Trump-appointed judges have recently prevented deportations under the Alien Enemies Act and halted the forced leave of 2,700 USAID employees,” they say. Judges appointed by conservative Presidents Ronald Reagan and George W. Bush have similarly thwarted Trump executive orders rescinding birthright citizenship.

“And all three of the Trump-appointed Supreme Court justices joined the full Court in upholding a lower court’s order to facilitate the return of Kilmar Abrego Garcia from an El Salvadoran prison,” they report.

Another thing going for the U.S., says Cope and Verteeg, is big government.

“In normal times (America’s aversion to big or rapid legal change) … can stifle progress, but in unusual times, it can be a bulwark against backsliding.”

Consider other nations where leaders like Viktor Orbán and his parliamentary supermajority rewrote Hungary’s constitution, or Hugo Chávez rammed through an entirely new Venezuelan constitution. That Senate filibuster rule that people take turns hating depending on who’s in power, also tramples Trump’s sweeping changes, forcing him to mandate initiatives through 150 executive orders, which evaporate as soon as Trump leaves office.

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Couple these things with other safeguards, including a robust army of public-interest advocacy groups and a strong separation of powers between regional and national governments, and you’ve got some strong guardrails for the next American Orbán or Chávez.

“Finally, U.S. constitutional law and courts maintain a unique commitment to free speech,” writers say. Governments in the Philippines, India, and Germany have used libel laws to suppress criticism of national leaders and other dissent, but U.S. public officials “face substantial hurdles in suing or prosecuting critics into silence. Sarah Palin, Devin Nunes, and Donald Trump himself each recently learned this the hard way.”

The threat of Trump still remains, they add. “Many of the more vulnerable in American society — immigrants and civil servants, for instance — are especially and justifiably afraid for the future. The threats to American democracy and the rule of law are real, and they should be taken seriously.”

But America’s “237-year-old Constitution, private organizations, and public institutions are far better positioned than their foreign counterparts under similar threat.”

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Read the full Atlantic report here.

'Abuse of power': WSJ editorial rips Trump for 'doing precisely what Democrats did to him'

The Wall Street Journal announced a twist in President Donald Trump’s purported crusade against the weaponization of the justice system: He’s now targeting his own former aides.

Trump — the nation’s first president to be elected after having been convicted of felonies — campaigned on ending the “weaponization” of the federal government, but the WSJ reports he is now “siccing it” on two of his perceived enemies, ordering federal investigations and possible prosecutions.

The editorial board calls this “a broken promise, an abuse of power, and another twist down the spiral of politicized law enforcement.”

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On Wednesday, Trump directed allegedly independent federal agencies to open inquiries into two former officials who worked in his first term. The paper notes how Trump made a point of “picking targets first, publicly announcing them, and only then looking for misdeeds and evidence.”

“Mr. Trump,” the board said, “is doing precisely what Democrats did to him.”

Trump’s first “target” is Chris Krebs, who led the Cybersecurity and Infrastructure Security Agency (CISA) until two weeks after the 2020 election when Trump fired him for dispelling Trump’s bogus claims of voter fraud.

The other, Homeland Security chief of staff Miles Taylor, allegedly “stoked dissension by manufacturing sensationalist reports on the existence of a supposed ‘resistance’ within the Federal Government.” Trump has ordered “review” of Taylor’s “activities” and “conduct,” with recommendations for “remedial” action, but opined: “I think he’s guilty of treason, if you want to know the truth.”

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Read the Wall Street Journal’s full article at this link (subscription required).

Analysis details the 100-year-old sociological term that defines Trump’s leadership style — and Putin’s

President Donald Trump’s chaotic style of governing, with its rapid executive orders, bold foreign policy threats and enrichment of Trump’s own personal businesses, can be defined by an obscure 100-year-old term, contributing writer Jonathan Rauch wrote at the Atlantic on Monday. The term, patrimonialism, traces back to German sociologist Max Weber.

In essence, patrimonialism refers to a system where the leader treats the government as their own personal project based on “individual loyalty.” The opposite of bureaucracy, it is based around more informal leadership. This system can also be seen in Vladimir Putin’s Russia and Narendra Modi’s India.

“Patrimonialism is less a form of government than a style of governing,” Rauch writes. “It is not defined by institutions or rules; rather, it can infect all forms of government by replacing impersonal, formal lines of authority with personalized, informal ones. Based on individual loyalty and connections, and on rewarding friends and punishing enemies (real or perceived), it can be found not just in states but also among tribes, street gangs, and criminal organizations.”

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“Patrimonialism explains what might otherwise be puzzling,” he writes. For example, “He broke with 50 years of practice by treating the Justice Department as ‘his personal law firm.’ He treats the enforcement of duly enacted statutes as optional—and, what’s more, claims the authority to indemnify lawbreakers. He halted proceedings against January 6 thugs and rioters because they are on his side. His agencies screen hires for loyalty to him rather than to the Constitution… The presidency itself is treated as a business opportunity.”

While inherently corrupt, patrimonialism is not automatically antidemocratic. Rather, its opposite is bureaucracy, like the authoritarianism of Nazi Germany, where Hitler claimed power through codes and rules.

“A leader may be democratically elected but still seek to legitimate his or her rule patrimonially. Increasingly, elected leaders have sought to demolish bureaucratic administrative states (‘deep states,’ they sometimes call them) built up over decades in favor of rule by family and friends,” Stephen E. Hanson, a government professor at the College of William & Mary, and Jeffrey S. Kopstein, a political scientist at UC Irvine write in “The Assault on the State: How the Global Attack on Modern Government Endangers Our Future.”

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The style can also be seen in Putin’s Russia. “Seeking to make the world safe for gangsterism, Putin used propaganda, subversion, and other forms of influence to spread the model abroad. Over time, the patrimonial model gained ground in states as diverse as Hungary, Poland, Turkey, and India,” Rauch writes.

“India’s Narendra Modi, Hungary’s Viktor Orbán, and Trump himself are examples of elected patrimonial leaders—and ones who have achieved substantial popular support and democratic legitimacy. Once in power, patrimonialists love to clothe themselves in the rhetoric of democracy, like Elon Musk justifying his team’s extralegal actions as making the ‘unelected fourth unconstitutional branch of government’ be ‘responsive to the people,’” he writes.

But patrimonialism is ultimately a threat to democracy. “As patrimonialism snips the government’s procedural tendons, it weakens and eventually cripples the state. Over time, as it seeks to embed itself, many leaders attempt the transition to full-blown authoritarianism,” Rauch adds.

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