Every day we are breathlessly told about unprecedented polarization, extremist political rhetoric, even a looming civil war. There is a destructive self-filling prophecy to all the doomsaying, because democracy functions only if people believe in it.
But let’s look at some recent data points. If we step back from the trees for a moment and assess the condition of the forest, we can see that our system of liberal democracy is actually holding up pretty darn well. (I don’t mean the partisan term “liberal” but the classical one.)
We are the beneficiaries of the centuries of thought, energy and struggle it took to create the political structures needed for liberal democracy: representative institutions, the rule of law, human rights, an independent judiciary. Liberal democracy has produced the most prosperous, pluralistic, free societies in history.
Yes, liberalism has also been responsible for enslavement, genocide, and colonization. But, tragically, these have been perpetual human conditions and liberalism has provided the means to finally transcend them. The alternatives to liberalism – theocracy, strong-man rule, revolutionary utopia – have been disasters.
The good news starts with the January 6 Committee hearings. Their loudest message was not Donald Trump’s anti-democratic scheming, but the continuing vigor of our system.
Recklessly wielding all the presidential levers of power, Trump battered at every link in the chain binding together our democracy – the courts, state legislatures and election officials, the Department of Justice, the vice president. Every link held firm.
The latest major political events showcase our system’s elegant design. James Madison, perhaps history’s greatest practical psychologist, constructed our peculiarly American version of liberal democracy from a frustrating array of competing branches and levels of government. The system is biased toward inaction rather than impetuous action and demands compromise on small steps of perpetual improvement.
For example, there is a growing consensus in America that climate change is real and must be addressed. But the original Build Back Better bill was a progressive wish list whose $3.5 trillion original price-tag alarmed much of the public. The hard work of legislating put the new Inflation Reduction Act on more durable democratic footing by cutting three quarters of the cost and focusing more on climate change – a classic liberal half-loaf.
Then there is federalism. There has long been widespread support in this country for abortion rights in the early stages of pregnancy and some restrictions later on. But the Supreme Court has badly fumbled the abortion issue by flopping back and forth. Now at the state level the referendum process, starting with Kansas, may better legitimize abortion law by letting voters, rather than judges or political partisans, decide the matter for themselves.
The FBI search of Mar-a-Lago confirms that the rule of law excepts no one. The White House did not even know about the search, and even if it had engineered it, the warrant had to be approved by an independent judicial officer. And the Justice Department is still helpless against the former president, or any citizen, unless it can convince 12 citizen jurors of guilt beyond a reasonable doubt.
In his book defending liberalism, “A Thousand Small Sanities,” New Yorker essayist Adam Gopnik warns that one of problems of liberalism is that it can’t be reduced to a slogan.
On the other hand, the alternatives to liberalism, which usually involve some variety of we/they tribalism, have thrived on slogans. “For God, King, and Country!” “Power to the people!” But simplistic slogans invariably run into complex problems that can only be solved in small, liberal steps.
A bookend to the recent accomplishments of our liberal democracy is the demise of a cluster of tribal slogans in favor of those small steps.
The “good guys with guns,” and uniforms too, didn’t stop the bad guy with a gun in Uvalde for 77 minutes. And so, for the first time in 30 years a group of Republicans helped pass modest, imperfect gun violence legislation.
“Defund the police” lost its luster as murder rates escalated and downtown streets became depopulated and dangerous. And so, the country’s most progressive city fired its public defender-turned-district attorney.
“Stop the steal” no longer sounds so cool since the January 6 Committee conclusively showed that Donald Trump scammed a lot of good Americans. And so, a bi-partisan group of senators has proposed a limited reform of the Electoral Count Act.
[image_caption]Bruce Peterson[/image_caption]
The latest Gallup poll shows that 41% of Americans now consider themselves independents – 13 points higher than Republicans or Democrats. And only about 20% are ideologues.
The survey data on the attitudes of Americans reveal not only moderation, but quite practical views even about even the most contentious issues. For example, large majorities of Americans agree that hate speech is a problem in America today, but they also view political correctness as an issue. Big majorities think America should accept refugees, but two-thirds also believe that the screening process should be more rigorous.
A large majority of Americans agree that problems of racism are at least somewhat serious and that white supremacists are a growing threat. On the other hand, over two-thirds of Americans say that many people are too sensitive about things to do with race.
The political influence of these practical American moderates is likely to grow. The share of unaffiliated voters is larger among younger people. And as more states join the 22 that now open their primaries to unaffiliated voters, primary voters will better mirror the broader electorate.
Undoubtedly, liberalism is undergoing a severe stress test. But, heaven willing, the reports of its demise have been greatly exaggerated.
Bruce Peterson, a senior district judge who teaches a course on Lawyers as Peacemakers at the University of Minnesota Law School.
Two things cannot simultaneously exist:
1. I honor and respect the Constitution as the guiding document for our nation.
2. Donald Trump won the 2020 Presidential election and Joe Biden is wrongfully serving.
There is not a lot of wiggle room here. The Judicial system worked as planned and Trump’s appeals failed to advance his positions. And I too am optimistic for the future: Even if GOP scheming succeeds to put in place purely partisan Secretaries of State across the US and voter suppression tactics, their proponents will once again be bitterly disappointed as they were in 2020 when Constitutional processes prevailed over lying and scheming. As Rudy Giuliani told us:
“We have lots of theories, we just don’t have any evidence”
Al Gore’s 2000 concession speech, after he lost by a few hundred disputed votes in a single state, rather than hundreds of thousands of votes across 6 states that we saw in 2020:
“Good evening.
Just moments ago, I spoke with George W. Bush and congratulated him on becoming the 43rd president of the United States. And I promised him that I wouldn’t call him back this time. I offered to meet with him as soon as possible so that we can start to heal the divisions of the campaign and the contest through which we’ve just passed.
Almost a century and a half ago, Senator Stephen Douglas told Abraham Lincoln, who had just defeated him for the presidency, “Partisan feeling must yield to patriotism. I’m with you, Mr. President, and God bless you.” Well, in that same spirit, I say to President-elect Bush that what remains of partisan rancor must now be put aside, and may God bless his stewardship of this country. Neither he nor I anticipated this long and difficult road. Certainly neither of us wanted it to happen. Yet it came, and now it has ended, resolved, as it must be resolved, through the honored institutions of our democracy.
Over the library of one of our great law schools is inscribed the motto, “Not under man but under God and law.” That’s the ruling principle of American freedom, the source of our democratic liberties. I’ve tried to make it my guide throughout this contest, as it has guided America’s deliberations of all the complex issues of the past five weeks.
Now the U.S. Supreme Court has spoken. Let there be no doubt, while I strongly disagree with the court’s decision, I accept it. I accept the finality of this outcome which will be ratified next Monday in the Electoral College. And tonight, for the sake of our unity as a people and the strength of our democracy, I offer my concession. I also accept my responsibility, which I will discharge unconditionally, to honor the new President-elect and do everything possible to help him bring Americans together in fulfillment of the great vision that our Declaration of Independence defines and that our Constitution affirms and defends.”
Imagine how much better our country would be right now if Donald Trump showed the character of Al Gore.
Two reasonable, rational Republicans on that committee = the 60 feet that separated Trump’s anarchist animals from the VP he wanted killed.
In other words, it’s not nearly enough. The margin of error is too slender. Tone of this article is prematurely festive. When all the 1/6 invaders are jailed, when Democrat majorities in both chambers have expanded, when The Don dons his matching orange jumpsuit for federal prison … then and only then can you congratulate yourselves for a democracy that endures.
We can agree with the judge that our system “held” against the full-scale assault by Donald Trump to destroy our democracy for his personal benefit. But if we look closely, the system “held” solely because of one person here, another person there; It did not look truly strong as a system. We lucked out.
That’s why we must all stay vigilant: the Republicans across the US have since been passing laws and electing Big Lie Believers to control our elections and the formerly faithful system line “holders” in office are being replaced–pushed out. The Republican minority knows that only through extreme gerrymandering, control of state legislatures from it, and restricting people’s voting rights can they stay in control. I wish I could be lawyerly calm about that.
Exactly right. All these concerns are very well founded.
Never has a more accurate depiction of centrism been given than this dreck. “Yeah there’s problems, (none of which affect me personally so how bad can they be?) but we’ll get around to them eventually” . Nevermind the millions whose lives are irrevocably harmed in the mean time, we don’t wanna be hasty.
“Trump battered at every link in the chain binding together our democracy – the courts, state legislatures and election officials, the Department of Justice, the vice president. Every link held firm.”
And the system battered back – the political establishment, the press, the security apparatus, big tech. Trump held firm (so far).
I’m as proud of our system as you are, Bruce. Just for different reasons.
Thank you for (finally!) revealing your actual pro-Trump position. Now that wasn’t so hard, was it?
Read. READ, and not treat a post like a drive-by billboard. I am not pro-Trump. I am pro-democracy.
Yes indeed. You are “pro-democracy”. That’s why you are “proud” of the system when the anti-democratic monster “held firm (so far)”. This is a very strange way of describing a “pro-democracy” position, in my view.
If you think your comment can be read otherwise, you need to work on your sentence construction. Perhaps we’ll see how others interpret it.
Come now, it’s hard to keep arguments straight when you first need to remember which voice to make them in. It’s a lot to juggle after all…
I’d be just as proud if Biden were attacked, vilified, tried, and the system held true. It’s the system I admire, not the man. Not sure what you’re missing.
I have no idea what this is supposed to mean. You seem to think that the “attacks” (whatever this is supposed to encompass) on Trump were somehow unjustified, as though he is an unfairly abused innocent party, that there was no evidence of wrongdoing on his part, the greatest normbreaking and lawbreaking president in history. And this by a man who lost the popular vote by 3 millions! you seem also not to understand that the entire theory of a free press is to report on the malfeasance and misdeeds of the executive.
In other words, you can’t just substitute “Biden” for Trump in your “analysis” of the system’s merits. Trump is an obviously mentally unbalanced, profoundly ignorant and deeply damaged individual. He (and the party that is in thrall to him) have also become a clear and open threat to democracy. Any institution in the American system that worked “to batter back” against this authoritarian white nationalist monster is pro-democracy.
Having some sort of satisfaction that “Trump held firm” against attacks (whatever that is supposed to mean) is at the very least being deeply sympathetic to “the man”, if not outright support, sorry to say.
With all due respect, I think your admiration is directed at the attacks themselves.
It’s the foundational teaching of the Norman St. John Polevaulter school of political analysis.
Just so you know, “the political establishment [whatever that is supposed to mean], the press, the security apparatus [whatever that is supposed to mean]” are not generally considered “anti-democratic” forces in American society. And what “Big tech” is a stand-in for is too vague for someone not indoctrinated in the anti anti-Trump movement. “Big tech” led the fight against Trumpolini’s Insurrection? Nor can Trumpism be in any sense described as “pro-democracy”.
Finally, I do have to say when I see such arguments that I feel I am very much debating with my dear friend WHD, though….
Strange that, isn’t it.
“And the system battered back – the political establishment, the press, the security apparatus, big tech. Trump held firm (so far).”
And, of course, all these entities have a notably better relationship with the truth than Trump. If you can admire Trump for his firm commitment to lying go for it…
“all these entities have a notably better relationship with the truth” That’s an opinion, with data to support that opinion. There’s also data to support the opposite opinion. We have seen unprecedented scandals involving truth and “these entities”, after all.
But really my point is they threw everything but the kitchen sink at Trump, and here he stands, very possibly the next president. This is remarkable. Really incredible, given the forces united against him. Why can’t they succeed? Why can’t they, with all their power, drive him from public life, silence him, render him inconsequential?
Because we live in a democracy. We have laws, and those laws hold over all else. Even the hatred of Donald Trump. We can be proud, as the author is, of our democracy’s resilience in the face of Trump’s behavior. But we can be equally proud, perhaps more proud that the hated can’t be crushed, just because they’re hated.
What a perverse way of thinking about the Trump experience . I have no idea who the “they” are in your “kitchen sink” statement, nor what the “kitchen sink” is supposed to mean. I suppose it refers to more than just the (opposition party) Dems and is also the ever-nefarious and treacherous “deep state”. But it was the Congress that pretty unanimously authorized in early 2017 an investigation into Trump’s connections and communication with Putin’s intelligence service in his 2016 campaign. And Special Prosecutor Mueller and (later) the Senate Intelligence Committee found the unquestionable existence of such contacts and coordination by Trump.
Trump was later impeached over a mountain of evidence that he had attempted (again!) to enlist foreign aid in his 2020 reelection campaign. Then he was impeached over inciting (on television!) a Trump mob into storming the Capitol to halt the peaceful transfer of power (for the first time in rbe nation’s history.) And now the Jan 6 Committee has produced reams of evidence that Trump conspired to subvert the result of the 2020 election using a variety of illicit strategems for months. (Remember when you told us to wait for what the Committee found before passing judgement?) And now it has been shown that he violated laws relating to retaining and mishandling classified documents and possibly the Espionage Act, and then (naturally!) obstructed an FBI investigation into this to boot. I guess that’s the “throwing of the kitchen sink” at him.
This was not trumped-up unfair treatment of the Dear Leader, they were legitimate and lawful investigations into his many misdeeds. Trump is still “standing” because the Repub party refuses to denounce his lawless behavior and because a large minority of white people have decided to overlook all this lawbreaking because Trump has become the symbol of white nationalism for them, and that now trumps the rule of law. Plus a nationwide Rightwing Noise Machine makes up one lie after another to defend this monster, and each lie is eagerly consumed without thought by the cult. We’ll see how long we remain “living in a democracy “(under law) given such a degraded citizenry.
You are correct that no one is “crushed” in a liberal democracy “just because they are hated” But no one ever thought that a politician can be “crushed” or “silenced” in a liberal democracy for no reason other than public hatred; thinking that such things are even possible is what authoritarians imagine.
Trump can’t be crushed or silenced just because he is hated; but he can be convicted of felonies if guilty. And that will also be a triumph of the system, one that I hope you will also applaud.
OK fine: You run with Trump and I’ll take the FBI. (Security Apparatus, as you describe). Do you remember the pre Trump consensus about the FBI? A bunch of serious, no nonsense cops led by no nonsense Republican Directors: From Trump to Reagan: Wray > Comey > Mueller > Freeh > Sessions > Webster. Everyone either nominated or re-nominated by a Republican President. Read any of the books about the FBI and the 2016 election and you will see a consistent anti-Hillary attitude. The FBI rank and file did not like her. Comey enabled Trump’s election.
I’ll take the FBI way before a soon to be indicted criminal who will probably plead insanity as a complication of his Narcissistic Personality Disorder
Here are the traits of the disorder, you tell me who it reminds you of:
Exaggerate their achievements and talents, or expect to be recognized as superior without accomplishments to support this.
Be preoccupied with fantasies of success, power, brilliance, beauty or ideal love.
Believe that he or she is “special” and unique and can only be understood by, or should associate with, other special or high-status individuals.
Require excessive admiration.
Have a sense of entitlement or unreasonable expectations of overly favorable treatment or expect automatic compliance with his or her expectations.
Take advantage of others to achieve their requirements.
Lack empathy and is unwilling to recognize or identify with the feelings and needs of others.
This is why someone would fill a hundred boxes with classified information for the principle reason some one told him he couldn’t.
“It’s not theirs. it’s mine”
Don’t be the last rat off the ship or the last rat with endless “whataboutisms”. Or stay on and bail water with Lindsey Graham…
From my post: “I’m as proud of our system as you are, Bruce.” It’s the SYSTEM I’m proud of. I’m not sure I could have been clearer.
I’m not really sure how Judge Peterson can look on the packing of the Supreme Court with conservative activists masquerading as “justices” with such equanimity, especially considering that this illegitimate super-majority was installed by reactionary Repub forces using the full arsenal of anti-democratic minority rule mechanisms of the 1789 constitution.
And if one imagines that James Madison would have looked at the 2021 coup attempt by the unqualified and utterly unvirtuous Trumpolini without both grave concern and revulsion, then I don’t know what to say. I think Madison might today be writing an op-ed whose message would be a trifle different than this. But at least the advice offered here echoes the same counsel of complacency that the Gravedigger of Democracy, Mitch McConnell, recently pronounced. I’m not sure that similarity is a good thing, even if one is a “moderate”.
And as for the Kansas abortion vote, one must remember that this was an attempt by reactionary Evangelicals to reverse a state constitutional right to abortion which had previously been conferred by KS state court judges. The people in Kansas turned back that “conservative” attempt to strip women of their state constitutional rights, but that isn’t stopping other reactionary Repubs from banning abortion in the states whose legislatures they have brazenly gerrymandered. So “democracy” isn’t going to ride to the rescue in gerrymandered OH, WI, NC, IN or across the Neo-Confederacy as a whole. If one wants to think this a triumph of “liberal democracy”, have at it.
One has to wonder at the level of “tranquility” that can look out over the massive effort the Repub party is undertaking (from Jan 1, 2021 on) to undermine democratic processes wherever it can, the unceasing warnings and reports by various nonprofits that follow election law and voting rights, that can watch the ongoing machinations of the greatest lawbreaking president in history (and the fact that he hasn’t remotely been denounced by the Repub party) and conclude “all is well!” or “the system is holding!”.
The reality is that we are on the cusp of America’s Reichstag Fire moment, and the conservative forces at work right now (the “MAGA Republicans” as Biden recently called them) have no respect for democracy and aren’t about to “play fair”. But definitely, have “faith” that since liberal democracy held Trumpolini’s fascist movement off the first time, it necessarily will again…
In this century alone, two candidates who lost the popular vote won the presidency. I don’t think the system is holding up at all well.
Glad to see you are keeping the faith, just seems to be a lot of folks out there that will believe the sun comes up in the west and goes down in the east if T***p tells them it is so The real spooky part is, they’ll do it with out asking a question or skipping a beat, and low and behold, they’ll have a couple dozen Senators and congressman calling out a scientific conspiracy by the lefties that up in the east and down in the west is a liberal attempt at instilling “wokeness” in our children.
So we shouldn’t be worried about the state of our democracy, because it hasn’t yet been overthrown. I find that less than reassuring, given the fact that one of our two major political parties is actively seeking to destroy democracy and has embraced as its leader a (so far) failed demagogue. Yes, the legislative process has yielded a few not-terrible results in response to current problems. Does that mean that the people who created the problems are going to go away? Does that mean that the problems themselves do not need to be addressed? Does that mean the system and our institutions have not been weakened?
What about the rot infecting the system? What about the many efforts to restrict the franchise by making it as difficult as possible to exercise it? What about the deep resentment that gets stirred up by any effort to help those not deemed worthy? What about the constant shrieking about “woke” politics or “woke” capitalism? A few well-placed initiatives aren’t going to do anything about that.
Saying that “we’re good because nothing too bad has happened” is a convenient excuse for looking the other way. Once a strong enough blow is struck – once the mob takes over the Capitol and isn’t ordered to leave by their leader – that could be the end. Vulnerant omnes, ultima necat.