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Sunday, September 26, 2021

Summary of Robert Kagen's Article, "Our Constitutional Crisis is Already Here"

Click here for an article in The Washington Post by archconservative (neocon) Robert Kagen, entitled "Our Constitutional Crisis is Already Here." The article is attracting a lot of attention, and I have summarized it by cutting and pasting a number of passages from the article:

The United States is heading into its greatest political and constitutional crisis since the Civil War, with a reasonable chance over the next three to four years of incidents of mass violence, a breakdown of federal authority, and the division of the country into warring red and blue enclaves.
Donald Trump will be the Republican candidate for president in 2024. The hope and expectation that he would fade in visibility and influence have been delusional. He enjoys mammoth leads in the polls; he is building a massive campaign war chest; and at this moment the Democratic ticket looks vulnerable. Barring health problems, he is running.

Trump and his Republican allies are actively preparing to ensure his victory by whatever means necessary. Trump’s charges of fraud in the 2020 election are now primarily aimed at establishing the predicate to challenge future election results that do not go his way. Some Republican candidates have already begun preparing to declare fraud in 2022, just as Larry Elder tried meekly to do in the California recall contest.

The amateurish “stop the steal” efforts of 2020 have given way to an organized nationwide campaign to ensure that Trump and his supporters will have the control over state and local election officials that they lacked in 2020. Those recalcitrant Republican state officials who effectively saved the country from calamity by refusing to falsely declare fraud or to “find” more votes for Trump are being systematically removed or hounded from office. Republican legislatures are giving themselves greater control over the election certification process. As of this spring, Republicans have proposed or passed measures in at least 16 states that would shift certain election authorities from the purview of the governor, secretary of state or other executive-branch officers to the legislature. An Arizona bill flatly states that the legislature may “revoke the secretary of state’s issuance or certification of a presidential elector’s certificate of election” by a simple majority vote.

The stage is thus being set for chaos. Imagine weeks of competing mass protests across multiple states as lawmakers from both parties claim victory and charge the other with unconstitutional efforts to take power. Partisans on both sides are likely to be better armed and more willing to inflict harm than they were in 2020. Would governors call out the National Guard? Would President Biden nationalize the Guard and place it under his control, invoke the Insurrection Act, and send troops into Pennsylvania or Texas or Wisconsin to quell violent protests? Deploying federal power in the states would be decried as tyranny. Biden would find himself where other presidents have been — where Andrew Jackson was during the nullification crisis, or where Abraham Lincoln was after the South seceded — navigating without rules or precedents, making his own judgments about what constitutional powers he does and doesn’t have.

Most Americans — and all but a handful of politicians — have refused to take this possibility seriously enough to try to prevent it. As has so often been the case in other countries where fascist leaders arise, their would-be opponents are paralyzed in confusion and amazement at this charismatic authoritarian. They have followed the standard model of appeasement, which always begins with underestimation. The political and intellectual establishments in both parties have been underestimating Trump since he emerged on the scene in 2015. They underestimated the extent of his popularity and the strength of his hold on his followers; they underestimated his ability to take control of the Republican Party; and then they underestimated how far he was willing to go to retain power. The fact that he failed to overturn the 2020 election has reassured many that the American system remains secure, though it easily could have gone the other way — if Biden had not been safely ahead in all four states where the vote was close; if Trump had been more competent and more in control of the decision-makers in his administration, Congress and the states.

Party loyalty has superseded branch loyalty, and never more so than in the Trump era. As the two Trump impeachments showed, if members of Congress are willing to defend or ignore the president’s actions simply because he is their party leader, then conviction and removal become all but impossible.

Trump supporters believe the U.S. government and society have been captured by socialists, minority groups and sexual deviants. They see the Republican Party establishment as corrupt and weak — “losers,” to use Trump’s word, unable to challenge the reigning liberal hegemony. They view Trump as strong and defiant, willing to take on the establishment, Democrats, RINOs, liberal media, antifa, the Squad, Big Tech and the “Mitch McConnell Republicans.” His charismatic leadership has given millions of Americans a feeling of purpose and empowerment, a new sense of identity. While Trump’s critics see him as too narcissistic to be any kind of leader, his supporters admire his unapologetic, militant selfishness. Unlike establishment Republicans, Trump speaks without embarrassment on behalf of an aggrieved segment of Americans, not exclusively White, who feel they have been taking it on the chin for too long. And that is all he needs to do.

Because the Trump movement is less about policies than about Trump himself, it has undermined the normal role of American political parties, which is to absorb new political and ideological movements into the mainstream.

For a movement built around a cult of personality, these adjustments are not possible. For Trump supporters, the “error” is that Trump was cheated out of reelection by what he has told them is an oppressive, communist, Democrat regime.

The Trump movement might not have begun as an insurrection, but it became one after its leader claimed he had been cheated out of reelection. For Trump supporters, the events of Jan. 6 were not an embarrassing debacle but a patriotic effort to save the nation, by violent action if necessary. As one 56-year-old Michigan woman explained: “We weren’t there to steal things. We weren’t there to do damage. We were just there to overthrow the government.”

The events of Jan. 6 proved that Trump and his most die-hard supporters are prepared to defy constitutional and democratic norms, just as revolutionary movements have in the past. While it might be shocking to learn that normal, decent Americans can support a violent assault on the Capitol, it shows that Americans as a people are not as exceptional as their founding principles and institutions. Europeans who joined fascist movements in the 1920s and 1930s were also from the middle classes. No doubt many of them were good parents and neighbors, too. People do things as part of a mass movement that they would not do as individuals, especially if they are convinced that others are out to destroy their way of life.

It would be foolish to imagine that the violence of Jan. 6 was an aberration that will not be repeated. Because Trump supporters see those events as a patriotic defense of the nation, there is every reason to expect more such episodes. Trump has returned to the explosive rhetoric of that day, insisting that he won in a “landslide,” that the “radical left Democrat communist party” stole the presidency in the “most corrupt, dishonest, and unfair election in the history of our country” and that they have to give it back. He has targeted for defeat those Republicans who voted for his impeachment — or criticized him for his role in the riot. Already, there have been threats to bomb polling sites, kidnap officials and attack state capitols. “You and your family will be killed very slowly,” the wife of Georgia’s top election official was texted earlier this year. Nor can one assume that the Three Percenters and Oath Keepers would again play a subordinate role when the next riot unfolds. Veterans who assaulted the Capitol told police officers that they had fought for their country before and were fighting for it again. Looking ahead to 2022 and 2024, Trump insists “there is no way they win elections without cheating. There’s no way.” So, if the results come in showing another Democratic victory, Trump’s supporters will know what to do. Just as “generations of patriots” gave “their sweat, their blood and even their very lives” to build America, Trump tells them, so today “we have no choice. We have to fight” to restore “our American birthright.”

It was no surprise that elected officials feared taking on the Trump movement and that Republican job seekers either kept silent about their views or made show-trial-like apologies for past criticism. Ambition is a powerful antidote to moral qualms. More revealing was the behavior of Republican elder statesmen, former secretaries of state in their 80s or 90s who had no further ambitions for high office and seemingly nothing to lose by speaking out. Despite their known abhorrence of everything Trump stood for, these old lions refused to criticize him. They were unwilling to come out against a Republican Party to which they had devoted their professional lives, even when the party was led by someone they detested. Whatever they thought about Trump, moreover, Republican elders disliked Hillary Clinton, Barack Obama and the Democrats more. Again, this is not so unusual. German conservatives accommodated Adolf Hitler in large part because they opposed the socialists more than they opposed the Nazis, who, after all, shared many of their basic prejudices.

All this has left few dissenting voices within the Republican ecosystem. The Republican Party today is a zombie party. Its leaders go through the motions of governing in pursuit of traditional Republican goals, wrestling over infrastructure spending and foreign policy, even as real power in the party has leached away to Trump. From the uneasy and sometimes contentious partnership during Trump’s four years in office, the party’s main if not sole purpose today is as the willing enabler of Trump’s efforts to game the electoral system to ensure his return to power.

Even Trump opponents play along. Republicans such as Sens. Mitt Romney and Ben Sasse have condemned the events of Jan. 6, criticized Trump and even voted for his impeachment, but in other respects they continue to act as good Republicans and conservatives. On issues such as the filibuster, Romney and others insist on preserving “regular order” and conducting political and legislative business as usual, even though they know that Trump’s lieutenants in their party are working to subvert the next presidential election.

The result is that even these anti-Trump Republicans are enabling the insurrection. Revolutionary movements usually operate outside a society’s power structures. But the Trump movement also enjoys unprecedented influence within those structures. It dominates the coverage on several cable news networks, numerous conservative magazines, hundreds of talk radio stations and all kinds of online platforms. It has access to financing from rich individuals and the Republican National Committee’s donor pool. And, not least, it controls one of the country’s two national parties.

oday, we are in a time of hope and illusion. The same people who said that Trump wouldn’t try to overturn the last election now say we have nothing to worry about with the next one. Republicans have been playing this game for five years, first pooh-poohing concerns about Trump’s intentions, or about the likelihood of their being realized, and then going silent, or worse, when what they insisted was improbable came to pass. These days, even the anti-Trump media constantly looks for signs that Trump’s influence might be fading and that drastic measures might not be necessary.

The world will look very different in 14 months if, as seems likely, the Republican zombie party wins control of the House. At that point, with the political winds clearly blowing in his favor, Trump is all but certain to announce his candidacy, and social media constraints on his speech are likely to be lifted, since Facebook and Twitter would have a hard time justifying censoring his campaign. With his megaphone back, Trump would once again dominate news coverage, as outlets prove unable to resist covering him around the clock if only for financial reasons.

But this time, Trump would have advantages that he lacked in 2016 and 2020, including more loyal officials in state and local governments; the Republicans in Congress; and the backing of GOP donors, think tanks and journals of opinion. And he will have the Trump movement, including many who are armed and ready to be activated, again.


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