This is a great piece by Jamelle Bouie: Donald Trump Is Done With Checks and Balances. The first half is a short lesson on how our present Constitution came to be, which might differ slightly from the version you learned in school:
It is important to remember that the Constitution was neither written nor ratified with democracy in mind. Just the opposite: It was written to restrain — and contain — the democratic impulses of Americans shaped in the hothouse of revolutionary fervor.
“Most of the men who assembled at the Constitutional Convention in Philadelphia in 1787 were also convinced that the national government under the Articles of Confederation was too weak to counter the rising tide of democracy in the states,” the historian Terry Bouton writes in “Taming Democracy: ‘The People,’ the Founders, and the Troubled Ending of the American Revolution.”
The second part of the piece plainly and succinctly lays out the stakes of a second Trump presidency (emphasis mine):
America got lucky. It won’t get lucky again. Free of the guardrails that kept him in place the first time, affirmed by the Supreme Court and backed by allies and apparatchiks in the conservative movement, Trump will merge the office of the presidency with himself. He will shake it from its moorings in the Constitution and rebuild it as an instrument of his will, wielded for his friends and against his enemies. In doing so, he will erode the democratic assumptions that undergird our current constitutional order. And he will have the total loyalty of a Republican Party that itself is twisting and abusing the counter-majoritarian features of the American system to undermine and unravel democracy in the states it controls.
We don’t, in 2024, hear much talk of guardrails anymore. And for good reason. The guardrails failed. Every single one of them. The Republican Party failed to police its own boundaries, welcoming Trump when it should have done everything it could to expel him. The impeachment process, designed to remove a rogue president, was short-circuited, unable to work in a world of rigid partisan loyalty. The criminal legal system tried to hold Trump accountable, but this was slow-walked and sabotaged by sympathetic judges (and justices) appointed by Trump or committed to the Republican Party.
When the states tried to take matters into their own hands, citing the clear text of Section 3 of the 14th Amendment, a Republican-appointed majority on the Supreme Court stepped in to rewrite the amendment, turning a self-executing prohibition on insurrectionists in office into a mechanism that required a congressional vote those justices knew would never come.
These critics are responding to how the behemoths of the industry seem intent on bending the facts to fit their frameworks and agendas. In pursuit of clickbait content centered on conflicts and personalities, they follow each other into informational stampedes and confirmation bubbles.
They pursue the appearance of fairness and balance by treating the true and the false, the normal and the outrageous, as equally valid and by normalizing Republicans, especially Donald Trump, whose gibberish gets translated into English and whose past crimes and present-day lies and threats get glossed over. They neglect, again and again, important stories with real consequences. This is not entirely new — in a scathing analysis of 2016 election coverage, the Columbia Journalism Review noted that “in just six days, The New York Times ran as many cover stories about Hillary Clinton’s emails as they did about all policy issues combined in the 69 days leading up to the election” — but it’s gotten worse, and a lot of insiders have gotten sick of it.
It’s really disheartening and maddening to witness how the press has failed to meet this important moment in history.
See also Jamelle Bouie’s NY Times piece this morning, straining against the normalizing currents at his own publication to actually call out Trump’s “incoherence” and “gibberish” and parse out what he’s actually trying to tell us about his plans for a second term:
Trump, in his usual, deranged way, is elaborating on one of the key promises of his campaign: retribution against his political enemies. Elect Trump in November, and he will try to use the power of the federal government to threaten, harass and even arrest his opponents. If his promise to deport more than 20 million people from the United State is his policy for rooting out supposedly “foreign” enemies in the body politic, then this promise to prosecute his opponents is his corresponding plan to handle the nation’s domestic foes, as he sees them. Or, as he said last year in New Hampshire, “We pledge to you that we will root out the communists, Marxists, fascists and the radical left thugs that live like vermin within the confines of our country.”
The way the Fields sisters see it, and I think they’re right: race is a fiction, it doesn’t exist biologically, it’s a social construction, it’s designed to categorize, and it often obscures far more than it explains. But racism is real, right? Racism, the action, is real, it’s material, it affects people’s lives, it has life or death stakes, it structures the way that we engage in, and are received by, the society in which we live.
The example they give in the beginning of the book is: imagine a Black police officer is killed by one of his white colleagues. He’s undercover and he’s shot and killed. The news would say that this police officer was killed because he was Black. But the Fields sisters would say, wait a sec. Did the white officer shoot because he was white? That the Blackness caused the death, that the whiteness caused the shooting? No, of course not. What happened was that a white officer relied on racist assumptions about people of African descent to come to a set of conclusions, then acted on those conclusions.
For the NY Times, Jamelle Bouie takes a look at the legislation that Republicans around the country are pushing and, in the style of FDR’s Four Freedoms speech, outlines what goals they are attempting to achieve.
There is the freedom to control — to restrict the bodily autonomy of women and repress the existence of anyone who does not conform to traditional gender roles.
There is the freedom to exploit — to allow the owners of business and capital to weaken labor and take advantage of workers as they see fit.
There is the freedom to censor — to suppress ideas that challenge and threaten the ideologies of the ruling class.
And there is the freedom to menace — to carry weapons wherever you please, to brandish them in public, to turn the right of self-defense into a right to threaten other people.
Conservatism consists of exactly one proposition, to wit: There must be in-groups whom the law protects but does not bind, alongside out-groups whom the law binds but does not protect.
The truth is that the filibuster was an accident; an extra-constitutional innovation that lay dormant for a generation after its unintentional creation during the Jefferson administration. For most of the Senate’s history after the Civil War, filibusters were rare, deployed as the Southern weapon of choice against civil rights legislation, and an occasional tool of partisan obstruction.
Far from necessary, the filibuster is extraneous. Everything it is said to encourage — debate, deliberation, consensus building — is already accomplished by the structure of the chamber itself, insofar as it happens at all.
In the form it takes today, the filibuster doesn’t make the Senate work the way the framers intended. Instead, it makes the Senate a nearly insurmountable obstacle to most legislative business. And that, in turn, has made Congress inert and dysfunctional to the point of disrupting the constitutional balance of power.
I’d like to highlight something else from the article’s title and reiterated in the text by Bouie: “I’m not actually that interested in McConnell’s hypocrisy.” Yes, exactly. I see a lot of calling-out of the hypocrisies of “the other side”1 on social media and it just seems worthless to me at this point. This sort of thing just doesn’t work when you’re dealing with people who are cynical and without shame in a very polarized media environment. Like, if you’ve read anything about McConnell at all, you know that he cares about power and he’s going to say what he needs to say to get it or keep it, regardless of self-contradiction. Pointing out his flip-flops doesn’t accomplish anything because he’s not actually switching his position! He didn’t really believe the thing he said before and he doesn’t really believe the thing he’s saying now. He just wants what he wants. Focusing on the facts and historical context of the issue, as Bouie does here (and in his explanation of the Electoral College on You’re Wrong About), is the way to go.
Examples: “The ‘pro life’ party did nothing while 400,000 people died from the pandemic.” and “If you’re ‘pro choice’, why do you want to limit the 2nd amendment right of people to carry guns?” Etc. etc.↩
An anonymous USPS employee has written about the recent changes at the Post Office since new Postmaster General Louis DeJoy (“a lifelong Republican, a Trump mega-donor/fundraiser, and a high ranking RNC official”) took over and has set about gutting it from the inside.
All of the potential angles for corruption make DeJoy’s aims pretty tough to figure out. He’s a small market conservative from the private sector running a massive government agency. He’s a Trump ally running the agency responsible for ballots during an election year. He also has a direct financial interest in seeing us fail. Take your pick. You’re probably right no matter what. And judging by the chaos he’s unleashed into USPS in just his first two months, “all of the above” might be your best bet.
See, up until just two months ago, every letter carrier, clerk, mail handler, truck driver, etc, worked under one pretty simple philosophy: every piece, every address, every day. Everyone in the chain of custody for mail made sure every piece got as far along in the system as it could, and if it made it to my hands, in my office, it was getting delivered. That’s how I’ve done it for my career, how the guys who have been doing it for forty years have always done it, and that’s literally how Ben Fucking Franklin’s guys did it. You can almost hear Aaron Sorkin’s orgasm as he punches up the Bradley Whitford speech about the majesty of it all.
But two months ago is also when that abruptly stopped. After a couple hundred years, it just…stopped. On the ground floor, there’s a lot of arguing about who is ordering what, and what’s going to be permanent, and what’s going to be a trial run, but at the end of the day, the result is obvious: I go into my job, every single morning, and don’t deliver hundreds of pieces of available mail that used to get delivered. The only reason given is some vague nonsense about “operational efficiency” and “cost savings.”
There’s no mystery about what President Trump intends to do if he holds a lead on election night in November. He’s practically broadcasting it.
First, he’ll claim victory. Then, having spent most of the year denouncing vote-by-mail as corrupt, fraudulent and prone to abuse, he’ll demand that authorities stop counting mail-in and absentee ballots. He’ll have teams of lawyers challenging counts and ballots across the country.
He also seems to be counting on having the advantage of mail slowdowns, engineered by the recently installed Postmaster General Louis DeJoy. Fewer pickups and deliveries could mean more late-arriving ballots and a better shot at dismissing votes before they’re even opened, especially if the campaign has successfully sued to block states from extending deadlines. We might even see a Brooks Brothers riot or two, where well-heeled Republican operatives stage angry and voluble protests against ballot counts and recounts.
The first Africans to be brought as slaves to British North America landed in Port Comfort, Virginia in 1619. Thus began America’s 400-year history with slavery and its effects, which continue to reverberate today. With The 1619 Project, the NY Times is exploring that legacy with a series of essays and other works that “aims to reframe the country’s history, understanding 1619 as our true founding, and placing the consequences of slavery and the contributions of black Americans at the very center of the story we tell ourselves about who we are.” The Columbia Journalism Review explains:
Contributors consider various modern quandaries — rush hour traffic, mass incarceration, an inequitable healthcare system, even American overconsumption of sugar (the highest rate in the Western world) — and trace the origins back to slavery. Literary and visual artists drew from a timeline chronicling the past 400 years of Black history in America; their work is presented chronologically throughout the magazine. Taken together, the issue is an attempt to guide readers not just toward a richer understanding of today’s racial dilemmas, but to tell them the truth.
Nikole Hannah-Jones, who came up with the idea for the project, writes in an essay:
The United States is a nation founded on both an ideal and a lie. Our Declaration of Independence, signed on July 4, 1776, proclaims that “all men are created equal” and “endowed by their Creator with certain unalienable rights.” But the white men who drafted those words did not believe them to be true for the hundreds of thousands of black people in their midst. “Life, Liberty and the pursuit of Happiness” did not apply to fully one-fifth of the country. Yet despite being violently denied the freedom and justice promised to all, black Americans believed fervently in the American creed. Through centuries of black resistance and protest, we have helped the country live up to its founding ideals. And not only for ourselves — black rights struggles paved the way for every other rights struggle, including women’s and gay rights, immigrant and disability rights.
Without the idealistic, strenuous and patriotic efforts of black Americans, our democracy today would most likely look very different — it might not be a democracy at all.
The 13th Amendment is credited with ending slavery, but it stopped short of that: It made an exception for those convicted of crimes. After emancipation, black people, once seen as less than fully human “slaves,” were seen as less than fully human “criminals.” The provisional governor of South Carolina declared in 1865 that they had to be “restrained from theft, idleness, vagrancy and crime.” Laws governing slavery were replaced with Black Codes governing free black people — making the criminal-justice system central to new strategies of racial control.
These strategies intensified whenever black people asserted their independence or achieved any measure of success. During Reconstruction, the emergence of black elected officials and entrepreneurs was countered by convict leasing, a scheme in which white policymakers invented offenses used to target black people: vagrancy, loitering, being a group of black people out after dark, seeking employment without a note from a former enslaver. The imprisoned were then “leased” to businesses and farms, where they labored under brutal conditions.
There is a homegrown ideology of reaction in the United States, inextricably tied to our system of slavery. And while the racial content of that ideology has attenuated over time, the basic framework remains: fear of rival political majorities; of demographic “replacement”; of a government that threatens privilege and hierarchy.
The past 10 years of Republican extremism is emblematic. The Tea Party billed itself as a reaction to debt and spending, but a close look shows it was actually a reaction to an ascendant majority of black people, Latinos, Asian-Americans and liberal white people. In their survey-based study of the movement, the political scientists Christopher S. Parker and Matt A. Barreto show that Tea Party Republicans were motivated “by the fear and anxiety associated with the perception that ‘real’ Americans are losing their country.”
This SNL Black Jeopardy skit with Tom Hanks is as good as everyone says it is. And it’s not just funny either…it’s the rare SNL skit that works brilliantly as cultural commentary. Kudos to the writers on this one.
When Thompson reads a second clue for that category — “They out here saying that every vote counts” — Doug answers again, and again correctly: “What is, come on, they already decided who wins even ‘fore it happens.’” With each correct answer, Doug gets cheers and applause from Thompson, the black contestants, and the black audience. They all seem to understand the world in similar ways. “I really appreciate you saying that,” says Thompson after Doug praises Tyler Perry’s Madea movies, leading to an awkward moment where Hanks’ character recoils in fear as Thompson tries to shake his hand, but then relaxes and accepts the gesture.
By this point, the message is clear. On this episode of “Black Jeopardy!”, the questions are rooted in feelings of disempowerment, suspicion of authority, and working-class identity-experiences that cut across racial lines. Thompson and the guests are black, but they can appreciate the things they share with Doug, and in turn, Doug grows more and more comfortable in their presence, such that he gets a “pass” from the group after he refers to them as “you people.”
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