Further Musings About My Country

Reading the articles, such as The Daily 202 in the Washington Post on November 2, 2020, that describe how Trump could lose the popular vote by more than he lost to Hillary but still win the presidency in 2020 in the Electoral College causes me grave concern. 

We love proclaiming ourselves a great democracy and, at least before Trump, we have often sought to spread this gospel throughout the rest of the world, particularly in developing countries. And yet, here we are again, worried about whether Trump can win again by narrowly prevailing in Florida and Pennsylvania, and holding on to the red states he won in 2016. 

Perhaps we were a nation of states in the 18th century and even through the 19th and early part of the 20th centuries. But I don’t think that describes the United States of America any longer.  We are a nation of people and, yes, a nation of groups of people. That a candidate can be elected president despite losing the popular vote by winning a combination of states, some by the narrowest of margins, is no longer permissible in this 21st-century. Such an outcome undermines the legitimacy of our institutions by denying the majority its democratic right to govern. It is undeniable that such an electoral outcome is permitted under our Constitution but that doesn’t mean it is appropriate. It likely means that Americans will increasingly lose respect for our institutions, including the Constitution itself. 

While our Constitution could be amended to eliminate the Electoral College, the amendment process is extremely cumbersome and the easiest process requires approval by a super majority of states.  Then, too, another governmental institution that undermines majority rule is the United States Senate in which each state, regardless of its size, is represented by two senators. And our Constitution expressly prohibits changing the structure of the Senate by amendment absent consent of the affected states, making change almost impossible.  It is very possible that over the next several decades this Senate structure will further undermine the legitimacy of our governmental institutions.  To be sure, demographic changes and electoral realignments could lessen or postpone the likelihood of such an outcome. 

Numerous books have been written about the exponential growth in power of the American presidency in the 20th century, particularly after World War II.  During Richard Nixon‘s tenure there was much said about an Imperial Presidency.  But, only under Trump‘s presidency have Americans become truly worried about an authoritarian president, with some drawing parallels to fascist autocrats in Europe before and during World War II. Trump‘s consistent refusal to accept Congressional oversight has made many Americans anxious about presidential authority and caused many to want to rein in that authority before it is further abused. Whether and how that can be done under our Constitution remains to be seen. Americans have increasingly discovered how important our norms have been in maintaining representative government, as opposed to the literal language in the Constitution and in statutes, as Trump has gone about trampling upon these very norms.  

Americans must pay attention not only to the impact of the Electoral College and the structure of the Senate on American democracy but also to the authority exercisable by our presidents. Reforms are needed. Change is needed. Whether they are effectuated may determine the continued viability of American democracy as well as civility in American society.❏ 

Democrats Must Walk and Chew Gum At the Same Time

I believe it is imperative that the Democrats walk and chew gum at the same time at this crucial moment in our democracy. The media will focus on political wrangling and not on substantive political issues. That tends to be the way they work, particularly during political campaigns. So Democrats must keep the public’s attention on their substantive programs, whether involving healthcare, climate change, education reform, civil rights, criminal justice, gun regulation, immigration, income and wealth disparities, voter suppression, or others. But Democrats must try to prioritize so that their substantive messages aren’t lost in the din and diluted. Speaker of the House Nancy Pelosi must play a leading role in this effort as the many Democratic candidates for the 2020 presidential nomination are fighting to distinguish themselves from the pack by picking different policy issues to embrace.

At the same time that they constantly discuss policy issues, Democrats must also focus on keeping Trump and his Administration accountable, particularly through Congressional oversight and other legitimate means. Democratic candidates for the nomination must make clear their positions on issues but at the same time that Trump himself — his lying, his violation of norms, his disparagement of the press — is also a central issue in this next election.

When it comes to impeachment, I have been leaning toward the positions espoused by Nancy Pelosi and Hillary Clinton. I believe it was the Senate hearings led by Senator Sam Ervin that played a central role in shaping the public‘s growing opposition to Richard Nixon‘s excesses in office and made possible effective impeachment hearings in the House and Nixon‘s subsequent resignation. Since today’s Democrats do not control the Senate, I have felt that House oversight investigations short of impeachment might play a similar function in educating and arousing the public. But, if Trump and his Administration continue to stonewall at every turn, whether in refusing to provide his tax returns or in refusing to comply with House oversight requests for documents and witnesses, then I think impeachment proceedings should commence and that the stonewalling should be an additional possible basis for articles of impeachment.

But, polls continue to show that many Americans are skeptical about impeachment and Nancy Pelosi’s concern that impeachment proceedings would be very divisive and might even play into Trump’s hand is very legitimate. It appears that most Americans remain focused more on their daily challenges and substantive policy issues relating to their everyday lives in sorting out their views on politics and politicians than on impeachment and the Mueller Report. Therefore, Democrats must continue to put their positions on substantive issues in front of the public in every way possible, even if impeachment proceedings begin, knowing that the media will not be their friend in that effort.

Democrats may not be able to avoid initiating impeachment proceedings. Some, like Elizabeth Warren, have called for the House to initiate impeachment proceedings. Others feel that it is the right thing to do in light of Mueller’s factual findings showing Trump’s obstruction of justice. Still others feel that it would give Democrats a stronger legal basis to demand that Trump and his Administration comply with subpoenas as Congress is expressly given the power of impeachment in the Constitution. If Democrats proceed with impeachment they must do so aggressively but fairly. They must push back against the likes of Republican Senate Majority Leader Mitch McConnell, who continues to play a very destructive role in undermining our democracy, Trump himself, and other apologists for this President. And Democrats must continue to address the everyday concerns of the American people and not let those issues become submerged in an impeachment fight. Again, the media will be of no help to the Democrats in that regard.☐