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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 Democrats’ Dashed Hopes in Iowa

The Atlantic

www.theatlantic.com › politics › archive › 2024 › 11 › iowa-election-democrats-selzer-poll › 680552

Iowa Democrats had gotten their hopes up, and honestly, how could they not? On Saturday night, J. Ann Selzer—the most renowned pollster in Iowa, if not the entire country—released her final pre-election survey, finding that Kamala Harris was leading Donald Trump by three points in a state the former president had carried by eight in 2020.

The poll seemed to portend a big night for Harris not only in Iowa but across the Midwest, suggesting a surge of support from women that would virtually assure her election. It also found a pair of Democratic House candidates in Iowa leading Republican incumbents, pointing to a Democratic majority in the chamber.

On Monday night, as Democrats packed inside a gymnasium in Des Moines for a rally, Selzer’s survey was all anyone could talk about. “I know that was exciting,” Lanon Baccam, the Democrat running for the local congressional seat, told the crowd, which erupted in cheers at the mere mention of the poll, “but I don’t think anyone in this room is surprised.”

[Read: How to understand the election returns so far]

The following night, many of the same Democrats gathered for a watch party inside a hotel ballroom downtown, their hopes turning to nerves and finally to resignation as a far bleaker picture emerged. The Selzer poll was way off, and Trump was poised to win Iowa by his largest margin ever. Iowa Democrats haven’t had much to celebrate since Barack Obama’s victory in 2012, and last night wasn’t any different.

“Iowa has changed dramatically over the past 20 years. Republicans are in the advantage right now,” Bill Brauch, the Democratic Party chair in Polk County, which includes Des Moines, told me. “We hoped that would change someday, but it isn’t today.”

Democrats had been optimistic about Iowa for the same reasons they were optimistic across the country. After foregoing most door-knocking due to the pandemic in 2020, they had built a robust turnout operation that dwarfed the GOP’s organizing efforts, which Democrats saw little evidence of as they canvassed neighborhoods. Enthusiasm, Brauch told me, was “through the roof.” And indeed, he said turnout was high in Des Moines. But more voters went Republican than Democrats expected, cutting into the margins that Democrats needed to offset the GOP’s strength in rural counties, where Republican turnout was also high.

The dynamic was the same across the country as returns came in: Despite strong turnout in many areas, Harris could not match Joe Biden’s 2020 performance in the counties that powered his victory over Trump. As of early Wednesday morning, the GOP had flipped at least two Senate seats, in West Virginia and Ohio, giving Republicans an all-but-certain majority, and they had a chance of ousting Democratic incumbents in several other battlegrounds that were too close to call. The House landscape was less certain, as Democrats still had a chance to flip enough GOP districts to recapture control.

They needed a net gain of four House seats for a majority, and although some of the party’s best pickup opportunities were in blue states such as New York and California, Democrats began seeing races in the Midwest trend in their direction in the closing weeks, opening up the possibility of more paths to the majority and larger gains nationally. But the Midwest surge did not materialize.

Democrats had poured late money into the two most competitive House races in Iowa, where they saw evidence that voters wanted to punish Republicans for enacting a state abortion ban—one of the strictest in the country—that took effect this summer following months of legal battles. In 2022, low Democratic turnout in places like Polk County helped Republicans flip a House seat, giving them all four in the state. The abortion ban, however, sparked hope among Democrats that Iowa would see the same blue shift that other states saw in 2022 after the Supreme Court overruled Roe—a belief that the Selzer poll reinforced.

Selzer has achieved a near-mythical status among political insiders. On Monday night, when I asked Tom Vilsack, the secretary of agriculture and former two-term Iowa governor, whether he believed her latest findings, he replied with a detailed history of Selzer’s past predictive successes. In 2008, her polling correctly forecast that Obama would defeat Hillary Clinton in the Iowa caucuses, and in both of the past two presidential elections, it came close to nailing Trump’s margin of victory when most other polls underestimated his support. “Anyone who doubts Ann Selzer when it comes to Iowa does so at their own risk,” Vilsack told me. “So do I believe it?” he added, referring to her Saturday poll. “Absolutely.”

On Tuesday night, the Democrats who showed up to rejoice instead realized that Selzer’s survey was just another poll—one of many that appeared to once again underestimate Trump’s support. As the night wore on, they held out hope that Baccam would defeat Representative Sam Nunn, a first-term Republican. (As of this writing, the Democrat in Iowa’s other competitive House race is narrowly trailing with nearly all precincts reporting.) But a podium set up for victory speeches stayed empty, and when, at around 11:20 p.m. local time the Associated Press called the race for Nunn, only a smattering of Democrats were there to see the news.

Brauch, the county Democratic chair, was at a loss to explain how his party fell so far short once more. “I don’t think any of us knows what the answer is,” he told me. “If we did, we’d be doing better tonight.”

The Tyranny of the Election Needle

The Atlantic

www.theatlantic.com › technology › archive › 2024 › 11 › election-needle-tyranny › 680547

The New York Times is once again poking readers’ eyes with its needle. A little digital gauge, like the one that might indicate that your boiler or nuclear-power plant is about to explode, “estimates the outcome of the race in real time based on polling data,” as the Times puts it. As we write this, the needle is piercing the red “Likely” side of the gauge, indicating that the decision is “Likely Trump.” To validate this qualitative assessment, the needle also clarifies, again in the moment we’re writing this, that Donald Trump has an 88 percent chance of victory. That’s good to know, or bad, depending on your preferences.

The Times is not alone in offering minute-to-minute assessments, of course. On television, news anchors talk endlessly about anything, or nothing, reporting live from Nevada or North Carolina. At CNN.com, the network’s familiar election map offers live results too, in an interface now so confusing that one of us couldn’t figure out how to back out of Georgia’s results after zooming in. The whole affair is meant to provide updates on a result entirely out of our control. At some point, probably not tonight and maybe not tomorrow, we will know who won the presidential race—and all of the other federal and state contests and ballot initiatives and the like too.

There is no good way to consume Election Night information anymore, if there ever was. Cable news is the loud, exhausting, touch-screen-assisted option for those who’re looking for the dopamine of an inoffensive Key-Race Alert. Social media is the best option if you’d like all of that, but updated each second, with commentary from Nazis and people who have placed big crypto bets on the outcome. Wrangling the data coming out of more than 100,000 precincts in fits and starts, across a country that spans six time zones and upwards of 161 million registered voters, is a glorious feat. The process is not, however, conducive to the human need to actually know things. In a way, the needle is the ChatGPT aggregation of the output of toxic sludge and useful information coming out of all of it. It is the supposed signal in the noise. But it may just be noise itself … until it isn’t.

For some time now, we’ve been chuckling at an ongoing joke on X about “building dashboards to give executives deeper insight into critical business functions.” (At least, we think they are jokes.) What would you do if a giant kaiju attacked the city? Make sure the dashboards are providing actionable insights into critical business functions. What do you do in your 30s? Get married, start companies, or … build dashboards to provide actionable insights. You get the picture.

The jokes are funny because they implicate a terrible everyday-life business thing called “business-intelligence dashboards.” Big data, data science, data-driven decision making, and a host of related biz buzz holds that you, me, him, them, everyone should collect as much data as possible about anything whatsoever, and then use those data to make decisions. But that’s hard, so it should be made easy. Thus, the dashboards. As if a car’s speedometer but scaled up to any level of complexity, a dashboard provides easy, quick, at-a-glance “insights” into the endless silos of data, making them “actionable.” This is a contradiction—thus the jokes.

So it is with the Times forecast needle (and the CNN map, and all the rest). Elections are ever more uncertain because they are always so close; because polling is fraught or broken; because disinformation, confusion, suppression, or God knows what else has made it impossible to have any sense of how these contests might turn out beforehand. The promise of synthesizing all of that uncertainty moments after a state’s polls close, and transforming it into knowledge, is too tempting to ignore. So you tune in to the news. You refresh the needle.

But what you learn is nothing other than how to feel good or bad in the moment. That the needle has clearly caused many extremely online coastal elites to have some gentle form of PTSD is clearly a feature, not a bug. It is a reminder of the needle’s power or, perhaps more accurately, its ability to move in such a way that it appears to usher in its own reality (when, really, it’s just reflecting changes in a spreadsheet of information). The needle is manipulative.

Worst of all, nothing about it is “actionable,” as the business-insights-dashboard fanatics would say. Dashboards promise a modicum of control. But what are you going to do, now that the polls are closed and you are in your pajamas? Cheer, or bite your nails, or attempt to lure your spouse away from the television or the needle, or eat cake or drink liquor or stare into space or high-five your buds or clean up after you ferret. There is nothing you can do. It’s out of your hands, and no amount of data, polling, chief analysis, or anything else can change that. You know this, and yet you still stare.