A DEMOCRATIC OPPOSITION
By George Packer
Four decades ago, Watergate revealed the potential of the modern Presidency for abuse of power on a vast scale. It also showed that a strong democracy can overcome even the worst illness ravaging its body. When Richard Nixon used the instruments of government to destroy political opponents, hide financial misdoings, and deceive the public about the Vietnam War, he very nearly got away with it. What stopped his crime spree was democratic institutions: the press, which pursued the story from the original break-in all the way to the Oval Office; the courts, which exposed the extent of criminality and later ruled impartially against Nixon’s claims of executive privilege; and Congress, which held revelatory hearings, and whose House Judiciary Committee voted on a bipartisan basis to impeach the President. In crucial agencies of Nixon’s own Administration, including the F.B.I. (whose deputy director, Mark Felt, turned out to be Deep Throat, the Washington Post’s key source), officials fought the infection from inside. None of these institutions could have functioned without the vitalizing power of public opinion. Within months of reëlecting Nixon by the largest margin in history, Americans began to gather around the consensus that their President was a crook who had to go.
President Donald Trump should be given every chance to break his campaign promise to govern as an autocrat. But, until now, no one had ever won the office by pledging to ignore the rule of law and to jail his opponent. Trump has the temperament of a leader who doesn’t distinguish between his private desires and demons and the public interest. If he’s true to his word, he’ll ignore the Constitution, by imposing a religious test on immigrants and citizens alike. He’ll go after his critics in the press, with or without the benefit of libel law. He’ll force those below him in the chain of command to violate the code of military justice, by torturing terrorist suspects and killing their next of kin. He’ll turn federal prosecutors, agents, even judges if he can, into personal tools of grievance and revenge.
All the pieces are in place for the abuse of power, and it could happen quickly. There will be precious few checks on President Trump. His party, unlike Nixon’s, will control the legislative as well as the executive branch, along with two-thirds of governorships and statehouses. Trump’s advisers, such as Newt Gingrich, are already vowing to go after the federal employees’ union, and breaking it would give the President sweeping power to bend the bureaucracy to his will and whim. The Supreme Court will soon have a conservative majority. Although some federal courts will block flagrant violations of constitutional rights, Congress could try to impeach the most independent-minded judges, and Trump could replace them with loyalists.
But, beyond these partisan advantages, something deeper is working in Trump’s favor, something that he shrewdly read and exploited during the campaign. The democratic institutions that held Nixon to account have lost their strength since the nineteen-seventies—eroded from within by poor leaders and loss of nerve, undermined from without by popular distrust. Bipartisan congressional action on behalf of the public good sounds as quaint as antenna TV. The press is reviled, financially desperate, and undergoing a crisis of faith about the very efficacy of gathering facts. And public opinion? Strictly speaking, it no longer exists. “All right we are two nations,” John Dos Passos wrote, in his “U.S.A.” trilogy.
Among the institutions in decline are the political parties. This, too, was both intuited and accelerated by Trump. In succession, he crushed two party establishments and ended two dynasties. The Democratic Party claims half the country, but it’s hollowed out at the core. Hillary Clinton became the sixth Democratic Presidential candidate in the past seven elections to win the popular vote; yet during Barack Obama’s Presidency the Party lost both houses of Congress, fourteen governorships, and thirty state legislatures, comprising more than nine hundred seats. The Party’s leaders are all past the official retirement age, other than Obama, who has governed as the charismatic and enlightened head of an atrophying body. Did Democrats even notice? More than Republicans, they tend to turn out only when they’re inspired. The Party has allowed personality and demography to take the place of political organizing.
The immediate obstacle in Trump’s way will be New York’s Charles Schumer and his minority caucus of forty-eight senators. During Obama’s Presidency, Republican senators exploited ancient rules in order to put up massive resistance. Filibusters and holds became routine ways of taking budgets hostage and blocking appointments. Democratic senators can slow, though not stop, pieces of the Republican agenda if they find the nerve to behave like their nihilistic opponents, further damaging the institution for short-term gain. It would be ugly, but the alternative seems like a sucker’s game.
In the long run, the Democratic Party faces two choices. It can continue to collapse until it’s transformed into something new, like the nineteenth-century Whigs, forerunners of the Republican Party. Or it can rebuild itself from the ground up. Not every four years but continuously; not with celebrity endorsements but on school boards and town councils; not by creating more virtual echo chambers but by learning again how to talk and listen to other Americans, especially those who elected Trump because they felt ignored and left behind. President Trump is almost certain to betray them. The country will need an opposition capable of pointing that out.
(The New Yorker, 11/14/16)