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Electoral College

There Is No Constitutional Mandate for Fascism

The Atlantic

www.theatlantic.com › ideas › archive › 2024 › 11 › trump-election-self-determination-constitution › 680554

Former President Donald Trump won a sweeping victory in the Electoral College, four years after executing multiple schemes to overthrow an election he lost and seize power by force, and months after being convicted of state crimes in New York. He ran a race of slander and lies against immigrants and his political opponents, vowing to seize dictatorial powers in a campaign of vengeance.  

But he won. When all the votes are counted, he may not have won the popular vote, but he will have won a decisive victory in the Electoral College nonetheless. Behind him are Republican Party apparatchiks who see the devotion of Trump’s followers as a vehicle for their most extreme ideological schemes, including national bans on abortion, a mass deportation that could wreck the economy and subject Americans of any immigration status to invasive state scrutiny and force, and an immense distribution of income upward. The Democrats’ reward for steering the economy out of the post-pandemic economic crisis will be watching their opponent claim credit for the prosperity that their work created—an economy unencumbered by inflation and the high interest rates once needed to tame it. If Trump seems popular now, he will likely be much more popular in a year.

Trump will claim a popular mandate for everything he does. He did that when he eked out a narrow Electoral College victory in 2016, and he will do it now. But there is no constitutional mandate for authoritarianism. No matter what the Roberts Supreme Court says, the president is not a king, and he is not entitled to ignore the law in order to do whatever he pleases.

Americans cannot vote themselves into a dictatorship any more than you as an individual can sell yourself into slavery. The restraints of the Constitution protect the American people from the unscrupulous designs of whatever lawless people might take the reins of their government, and that does not change simply because Trump believes that those restraints need not be respected by him. The Constitution does not allow a president to be a “dictator on day one,” or on any other day. The presidency will give Trump and his cronies the power to do many awful things. But that power does not make them moral or correct.

[David Frum: Trump won. Now what?]

The Trump administration’s record of union busting, repealing workplace regulations, and cutting the welfare state to enrich the already wealthy will have few obstacles. The coterie of extremists that surrounds Trump has a radical conception of what America should be that includes suppressing the speech and expression of their political opponents; a racial hierarchy entitled to legal protection and enforcement; a society in which women’s bodies are treated as state property and LGBTQ people have few rights that others need respect. They will have a willing partner in an already extreme-right Supreme Court, which will be emboldened to enable this agenda of discrimination, deportation, and domination, using a fictionalized historical jurisprudence to justify it.

The Biden administration sought to bring down the temperature of the Trump era by offering aid to families, revitalizing American manufacturing, and easing inflation without increasing unemployment. That politics brought them few rewards, and the Democrats are unlikely to pursue such an agenda again, if they ever return to power. Trump has expressed admiration for nationalist strongmen such as Hungary’s Viktor Orbán, who holds power in a country that still has elections but where there is little chance of the opposition succeeding, because both the state and social levers of power are under the purview of one man. The Trump entourage will return with more detailed plans for authoritarian governance; perhaps the only guardrail they now face is that they prize loyalty over genuine expertise. But fewer people will be willing to stand up to Trump than last time.

I believe that, as in previous eras when the authoritarian strain in American politics was ascendant, the time will come when Americans will have to face the question of why democracy was so meaningless to them that they chose a man who tried to overthrow their government to lead it. They’ll have to decide why someone who slandered blameless immigrants as pet-eating savages and vowed to deport them for the crime of working hard and contributing to their community, something conservatives claim they want from newcomers, should lead a nation where all are supposed to be created equal. They’ll have to determine why a country conceived in liberty would hand power to the person most responsible for subjecting women to state control over their bodies, to the point of treating them as mere reproductive vessels not worth saving until they are bleeding out in an emergency room.

Millions of Americans are already asking themselves these questions this morning. All of the potential answers are disquieting. Choosing Trump in 2016, prior to everything he did as president, was frightening enough. Choosing him in full knowledge of how he would govern is worse. But there is no sunset on the right and duty of self-determination; there are no final victories in a democracy. Americans must continue to ensure that they live in one.

The Night They Hadn’t Prepared For

The Atlantic

www.theatlantic.com › politics › archive › 2024 › 11 › kamala-harris-election-party-howard › 680553

Photographs by OK McCausland

The vibe shifted sometime around 10:30 p.m. eastern.

For several hours beforehand, the scene at the Howard University Yard had been jubilant: all glitter and sequins and billowing American flags. The earrings were big, and the risers were full. Men in fraternity jackets and women in pink tweed suits grooved to a bass-forward playlist of hip-hop and classic rock. The Howard gospel choir in brilliant-blue robes performed a gorgeous rendition of “Oh Happy Day,” and people sang along in a way that made you feel as if the university’s alumna of the hour, Kamala Harris, had already won.

But Harris had not won—a fact that, by 10:30, had become very noticeable. As the evening drew on, the clusters of giddy sorority sisters and VIP alumni stopped dancing, their focus trained on the projector screens, which were delivering a steady flow of at best mediocre and sometimes dire news for Democrats. No encouragement had yet come from those all-important blue-wall states, Pennsylvania, Michigan, and Wisconsin. Somewhere between Georgia turning red and Senator Ted Cruz demolishing Colin Allred in Texas, attendees started trickling out the back.

It was starting to feel pretty obvious, even then, that Donald Trump would be declared the winner of the 2024 presidential election. And soon after 5:30 a.m. eastern this morning, he was, when the Associated Press called Wisconsin for him, giving him an Electoral College majority even with a number of states yet to declare. An across-the-board rightward shift, from Michigan to Manhattan, had gradually crushed the hopes of Democrats in an election that, for weeks, polling had indicated was virtually tied. But a Trump victory was a reality that nearly everyone at Harris’s watch party seemed to have prepared for only theoretically.

Before last night, Democrats felt buoyant on a closing shot of hopium. While Harris stayed on message, Trump had what seemed a disastrous final week: His closing argument was incoherent; his rally at Madison Square Garden was a parade of racism; he stumbled getting into a garbage truck and looked particularly orange in photos. Democratic insiders crowed that early-vote totals were favoring Harris, and that undecided voters in swing states were coming around. Then there was Ann Selzer’s well-respected poll in Iowa, which suggested that the state might go blue for the first time since Barack Obama’s presidency.

(OK McCausland for The Atlantic)

On a breezy and unseasonably warm evening in Washington, D.C., thousands of people had gathered on the grassy campus at Harris’s alma mater to watch, they hoped, history being made. No one mentioned Trump when I asked them how they were feeling—only how excited they were to have voted for someone like Harris. Kerry-Ann Hamilton and Meka Simmons, both members of the Delta Sigma Theta sorority, had come together to witness the country elect the first Black woman president. “She is so well qualified—” Hamilton started to say. “Overqualified!” Simmons interjected.

Leah Johnson, who works at Howard and grew up in Washington, told me that she would probably leave the event early to watch returns with her mother and 12-year-old daughter at home. “It’s an intergenerational celebratory affair,” she said. “I get to say, ‘Look, Mom, we already have Barack Obama; look what we’re doing now!’”

Everyone I spoke with used similar words and phrases: lots of firsts and historics and references to the glass ceiling, which proved so stubbornly uncrackable in 2016. Attendees cheered in unison at the news that Harris had taken Colorado, and booed at Trump winning Mississippi. A group of women in tight dresses danced to “1, 2 Step” by Ciara and Missy Elliott. Howard’s president led alumni in the crowd in a call-and-response that made the whole evening feel a little like a football game—just fun, low stakes.

Several people I talked with refused to entertain the idea that Harris wouldn’t win. “I won’t even let myself think about that,” a woman named Sharonda, who declined to share her last name, told me. She sat with her sorority sisters in their matching pink-and-green sweatshirts. Soon, though, the crowd began to grow restless. “It was nice when they turned off the TV and played Kendrick,” said one attendee who worked at the White House and didn’t want to share her name. “Just being part of this is restoring my soul, even if the outcome isn’t what I want it to be,” Christine Slaughter, a political-science professor at Boston University, told me. She was cautious. She remembered, viscerally she said, the moment when Trump won in 2016; and the memory was easy to conjure again now. “I know that feeling,” she said. She was consoling herself: She’d been crushed before. She could handle it again.

Harris herself was expected to speak at about 11 p.m., but by midnight, she still hadn’t appeared. People bit their cheeks and scrolled on their phones. There was a burst of gleeful whoops when Angela Alsobrooks beat Larry Hogan in Maryland’s U.S. Senate election. But soon the trickle of exiting attendees became a steady flow. Potentially decisive results from Pennsylvania and Wisconsin were not due soon, but Michigan didn’t look good. North Carolina was about to be called for Trump.

I texted some of my usual Democratic sources and received mostly radio silence in response. “How do you feel?” I asked one, who had been at the party earlier. “Left,” she answered. Mike Murphy, a Republican anti-Trump consultant, texted me back at about 12:30 a.m: “Shoot me.”

Donors and VIPs were streaming out the side entrance. The comedian Billy Eichner walked by, looking sad, as the Sugarhill Gang’s “Apache (Jump On It)” played over the loudspeakers. A man pulled me aside: “There will be no speech, I take it?” he said. It was more of a comment than a question.

(OK McCausland for The Atlantic)

“I’m depressed, disappointed,” said Mark Long, a software salesman from D.C., who wore a T-shirt with a picture of Harris as a child. He was especially upset about the shift toward Trump among Black men. “I’m sad. Not just for tonight, but for what this represents.” Elicia Spearman seemed angry as she marched out of the venue. “If it’s Trump, people will reap what they sow,” she said. “It’s karma.”

Just before 1 a.m., the Harris campaign co-chair Cedric Richmond came onstage to announce that the candidate would not be speaking that night. The former Louisiana representative offered muted encouragement to the crowd—an unofficial send-off. “Thank you for being here. Thank you for believing in the promise of America,” he said, before adding, “Go, Kamala Harris!” The remaining members of the crowd cheered weakly. Some of the stadium lights went off.