As some of my colleagues here know, I was a bit frustrated throughout the second impeachment that there wasn’t more focus on Trump’s dereliction of duty on January 6. It seemed clear to me at the time that the dereliction charge would have been more intuitive than the incitement to violence charge, because everyone knew at the time that, in the very least, Trump failed to protect the Capitol when it mattered. It seemed to me that setting the bar low like this would have made conviction more likely. Jeffrey Tulis and Bill Kristol wrote about this in the lead-up … Continue reading A Common Script for Dislodging Trumpism – Retrospective Thoughts on Impeachment 2.0
Milikh’s message might still make Laura uncomfortable but, to the extent that it is political rather than doomsday-ish, I think it a very important advancement. Our democracy depends on an intelligible conservatism that isn’t flirting every four years with rhetoric about the death of all civilization. Continue reading The Danger of All-or-Nothing Elections and the Claremont Message
I’m just now getting the chance to look at my colleague Ben Kleinerman’s recent comments on the Claremont Insitute from earlier in the week (partly in response to this post of mine). I think Ben is wrong to see the … Continue reading No, the Claremont Institute Has Not Turned a Corner
I strongly suspect that the military, who he’d need on his side in order to pursue this path, would balk. Since Trump doesn’t understand really how these things actually work, he’s likely declare martial law prior to determining whether the military is on his side. After all, he thinks those below him in government simply work for him and so will do anything, no matter how crazy, that he tells them to do. If he declared martial law and the military refused to follow, there would be no more clarifying event than this. Continue reading Maybe a Trump-led failed coup wouldn’t be the worst thing?
I’ve said before that, although this site will try to be balanced politically, Donald Trump poses difficulties in maintaining that balance. On a site whose very title indicates its commitment to constitutionalism, it is hard to defend Trump’s anti-constitutionalist behavior throughout his presidency. There are political defenses of Trump’s policies. To be perfectly honest, I generally prefer Republican policies, ie. deregulation, lower taxes, etc.. I also support the kinds of judges that Trump appointed while in office. I think yesterday’s SCOTUS decision against Texas’s ridiculous lawsuit illustrates well why these judges are good. Much to Trump’s apparent surprise, these … Continue reading Trump’s Anti-Constitutionalism
In his post today about the Supreme Court’s decision to throw out the Texas lawsuit without so much as an explanation, Jeffrey Tulis wishes that the Supreme Court had written a more extensive statement explaining why they threw it out. Tulis cites a similar piece by Tom Goldstein making roughly the same argument. Both Tulis and Goldstein want the Court to have written a more extensive opinion which, to use Goldstein’s words, “decimates” the lawsuit. Although I agree that this lawsuit was not only ungrounded but dangerous, I would suggest that a more lengthy “decimation” would have been a serious … Continue reading Supreme Court Rejecting Texas Case
A recognition that maintaining the integrity of the process is important is necessary for the survival of a constitutional regime. As Greg Weiner writes, “The fact that the goals differ is incidental to the emerging consensus that they are more important than the process.” Continue reading The Dangers of Telocratic Politics
The Supreme Court declined to take up the case from Pennsylvania. But the Attorney General of Texas, Ken Paxton, has now asked the Court to take another case. Over at The Bulwark, Kim Wehle has an excellent take on the latest effort to overturn the election: “Paxton is asking five unelected justices with jobs for life to cancel the millions of votes legitimately cast in four states, and tell the legislatures in those states to give the electors to Trump.” Like the Pennsylvania suit, it’s not going to work. But asking whether it’s going to work is the wrong question. … Continue reading The Gathering Storm?
The end of a presidency is always “the season for presidential pardons.” But, as Adam Carrington identifies in this timely essay, a presidential “self-pardon is different. It is not merely susceptible to abuse; it is an abuse by definition.” Continue reading Abusing Grace: Constitutional Subversion in the Presidential Self-Pardon
Given the discussion on this site (and elsewhere) about the relationship between Trump and fascism, you readers may be interested in this brief interview with Corey Robin in the Jewish Currents newsletter. Robin’s argument – which is interesting even if you find it unpersuasive — is that Trumpism is “almost the complete opposite of fascism.” For Robin, fascism is about the exercise of strength and will, and he sees Trump as an exceptionally weak leader. Continue reading Is Trump a Fascist, or “Almost the Complete Opposite”?