Trumps most baleful legacy? The end of trust in democracy and the rule of law – The Guardian
T he charges against Donald Trump in his impeachment trial boil down to this: he tried to cheat his way to a second term, got caught, and attempted a cover-up. The difficulty is that Trump, notwithstanding heaps of damning factual evidence of deliberate wrongdoing, is 99% certain to get off.
Yet the trial in the Senate cannot be dismissed simply because the result is known in advance. Its perverse outcome, if confirmed, may seriously undermine respect for American democracy and the constitutionally based rule of law. Thats bad news for the world at large.
Take the legal aspects first. American observers of Britains Brexit travails had great fun ridiculing the archaic rules and conventions that for months tied parliament up in knots. Yet the US situation is arguably worse.
The impeachment process, contingent on proof of high crimes and misdemeanors, is a game played under 18th-century English rules, though not English spelling, that even American legal scholars struggle to explain. Trump is charged, firstly, with abuse of power. The framers of the constitution were particularly concerned that a sitting president would abuse his office to get re-elected, said Noah Feldman, a Harvard law professor, in a recent analysis.
According to the English tradition followed by the likes of James Madison and Alexander Hamilton, Feldman said, impeachable offences occurred when a high office-holder took gifts of value to do his job.
In Trumps case, the alleged gift of value was Ukraines looked-for agreement to investigate his Democratic rival, Joe Biden, and his son, for evidence of corruption.
Yet the presidents lawyers reject the basic premise. They say Trump was fulfilling his duty to root out corruption in Ukraine, a recipient of US aid. There was no quid pro quo. What Trump did, they argue, cannot be defined as a high crime or misdemeanour whatever they may be.
Republican sycophancy means the Senate often more closely resembles Russias rubber-stamp Duma or Irans Majlis
Trumps defence goes much further. By denouncing the entire process as a hoax and refusing to cooperate which gave rise to a second charge of obstruction he has, de facto, denied Congresss right to impeach him at all. The very idea an accused person could take such a stand was never envisaged by delegates to the 1787 constitutional convention in Philadelphia and is wholly unprecedented.
A president who cannot be criminally investigated [due to the immunity traditionally afforded an incumbent] and also cannot be investigated by Congress would be effectively above the law Denying Congresss power to conduct an impeachment inquiry subverts the foundation of democratic government, Feldman wrote.
This reliance on time-worn, disputed English legal precedents has exposed a dangerous US constitutional weakness, as Adam Schiff, the House of Representatives lead prosecutor, recognised last week. I dont think the impeachment power is a relic. If it is a relic, I wonder how much longer our republic can succeed, he said.
The president has shown he believes hes above the law and scornful of constraint If we dont stand up to this peril today, we will write the history of our decline with our own hand Our future is not assured.
Political aspects of the trial are no less threatening for US democracy. The Senate was conceived as a body of independent, high-minded individuals acting in the national interest. Today it is anything but, dominated by a rabidly partisan Republican majority determined to acquit Trump no matter what.
Quite why Chief Justice John Roberts, who presides at the trial, calls the Senate the worlds greatest deliberative body is puzzling. Republican sycophancy, fed by fear of Trump, means it often more closely resembles Russias rubber-stamp Duma or Irans Majlis.
Robertss supreme court provides more evidence of a fundamental breakdown in the fabled US constitutional system of checks and balances. Trump has successfully nominated two conservative justices to the court Neil Gorsuch and Brett Kavanaugh and more may follow. He is also shamelessly packing the federal bench. Public trust in the independence and open-mindedness of the judiciary is plainly at risk.
Its entirely possible the electoral college, another 18th-century remnant, will deliver the presidency to Trump in November, contradicting the popular vote (as happened in 2016 and 2000) and, for many, rendering the election meaningless.
Unchecked, underhand voter suppression, gerrymandering of electoral districts, and antiquated and insecure voting equipment all fuel doubts that the US is still capable of holding free and fair elections.
The chronic failure to curb a system of money politics that favours incumbents further exacerbates democracys credibility problem. So, too, does the politicisation of offices of state such as attorney-general where the present incumbent, William Barr, acts more like Trumps consigliere than chief government law officer.
Factor in digital meddling by foreign powers, notably Russia, and Trumps fake news culture of lies and manipulation, and a sobering picture takes shape of a democratic system on its knees and close to possible collapse.
For a watching world where democracy is widely under attack from autocrats and populists and where the US claims to set an example, this is a chilling spectacle.
Of all the many wrong things Trump has done, his most terrible legacy may be the destruction of trust in the workings of democracy, the US constitution, and the rule of law. His weird, slightly unreal trial in absentia symbolises that dread prospect.
E pluribus unum out of many, one. And that one a tyrant, just as the founding fathers feared.
Read more here:
Trumps most baleful legacy? The end of trust in democracy and the rule of law - The Guardian
- The Dangers of Trumps First 100 Days: A Democracy in Exile Roundtable - dawnmena.org - April 30th, 2025 [April 30th, 2025]
- Democracy is a gift worth fighting for - MinnPost - April 30th, 2025 [April 30th, 2025]
- Can Ukraines fight for democracy survive without US support? - Middle East Institute - April 30th, 2025 [April 30th, 2025]
- This 1938 pro-science manifesto defended democracy against fascism - Big Think - April 30th, 2025 [April 30th, 2025]
- Three U.S. Citizen Children, Including 4-Year-Old Battling 4th Stage Cancer, Deported to Honduras - Democracy Now! - April 30th, 2025 [April 30th, 2025]
- Media Freedom Rapid Response Input regarding the EU Democracy Shield - European Centre for Press and Media Freedom (ECPMF) - April 30th, 2025 [April 30th, 2025]
- The crucial role of schools in protecting Australia's democracy - The Educator - April 30th, 2025 [April 30th, 2025]
- What Im Thinking Now, as a Political Bridge-Builder and Democracy Reformer - AllSides - April 30th, 2025 [April 30th, 2025]
- Ateneo universities across the Philippines mark the launch of the Philippine Observatory on Democracy - Ateneo de Manila University - April 30th, 2025 [April 30th, 2025]
- Whats wrong with democracy in Europe? - The Economist - April 27th, 2025 [April 27th, 2025]
- What Greek tragedy could teach us about the decline of our democracy - The Boston Globe - April 27th, 2025 [April 27th, 2025]
- What the Trump assault on American democracy has taught us - The Globe and Mail - April 27th, 2025 [April 27th, 2025]
- Lowering the voting age will benefit democracy | Letters - The Guardian - April 27th, 2025 [April 27th, 2025]
- Trump calls Harvard a threat to Democracy amid executive orders targeting higher education - NBC News - April 27th, 2025 [April 27th, 2025]
- Democracy on the Brink: Scholars Warn of Americas Authoritarian Turn - The Fulcrum - April 27th, 2025 [April 27th, 2025]
- Editorial: Dont Let Trump Kill News and Democracy - InDepthNH.org - April 27th, 2025 [April 27th, 2025]
- When White House begins to embrace conservative influencers, where will 'American democracy' head? - Global Times - April 27th, 2025 [April 27th, 2025]
- Judge Halts Trumps Anti-Voting Executive Order - Democracy Docket - April 27th, 2025 [April 27th, 2025]
- The State of Democracy Requires Us to Expand the Map - Democracy Docket - April 27th, 2025 [April 27th, 2025]
- A threat to Democracy: Trump continues bashing Harvard amid attacks on major institutions - Politico - April 27th, 2025 [April 27th, 2025]
- Democracy is hard; freedom is worth all the inconveniences: Arvelo - Seacoastonline.com - April 27th, 2025 [April 27th, 2025]
- Bookstores are arsenals of democracy - Princeton University Press - April 27th, 2025 [April 27th, 2025]
- Courts Handed Trump A Slew of Legal Losses This Week - Democracy Docket - April 27th, 2025 [April 27th, 2025]
- Poll: 61% of Israelis fear for democracy, 66% say internal rift is greatest threat - The Times of Israel - April 27th, 2025 [April 27th, 2025]
- In praise of a democracy on paper - The Globe and Mail - April 27th, 2025 [April 27th, 2025]
- Opinion | When governors sabotage democracy just because they feel like it - The Washington Post - April 27th, 2025 [April 27th, 2025]
- Reuters: Trump Will Offer $100+ Billion Arms Deal to Saudi Arabia - Democracy Now! - April 27th, 2025 [April 27th, 2025]
- DRC Agrees to Ceasefire with Rwanda-Backed M23 Rebels - Democracy Now! - April 27th, 2025 [April 27th, 2025]
- Don Wooten: Pope Francis, Trump and the tension between capitalism and democracy - Dispatch Argus - April 27th, 2025 [April 27th, 2025]
- Gen Z Has a Complex Relationship with Democracy, Survey Reveals - The 74 - April 27th, 2025 [April 27th, 2025]
- Tunisian Authorities Raze Refugee Camps That Housed 7,000 - Democracy Now! - April 27th, 2025 [April 27th, 2025]
- Rock This Democracy To Hold Next Street Protest, Rally On May Day - The Newtown Bee - April 27th, 2025 [April 27th, 2025]
- Opinion: We shouldnt forget those who helped democracy come into being - Anchorage Daily News - April 27th, 2025 [April 27th, 2025]
- The Trump Administration Is Not Just Erasing History, They're Rewriting the Future and Attacking Democracy | Opinion - Newsweek - April 18th, 2025 [April 18th, 2025]
- The New Far-Right Coalition Thats Out to Destroy American Democracy - The New Republic - April 18th, 2025 [April 18th, 2025]
- Thailands fragile democracy takes another hit with arrest of US academic - The Conversation - April 18th, 2025 [April 18th, 2025]
- An existential threat to democracy: the US judge facing a challenge to her election victory - The Guardian - April 18th, 2025 [April 18th, 2025]
- Is Trump about to end democracy in the USA? - Funding the Future - April 18th, 2025 [April 18th, 2025]
- President Trump Is Not the Only Threat to Our Democracy - The Regulatory Review - April 18th, 2025 [April 18th, 2025]
- Key Federal Elections Agency Moving Forward With Trumps Anti-Voting Order - Democracy Docket - April 18th, 2025 [April 18th, 2025]
- Simple hope alone wont protect democracy and the rule of law - Colorado Newsline - April 18th, 2025 [April 18th, 2025]
- Op-ed: Why we need human factors to save democracy - The Tufts Daily - April 18th, 2025 [April 18th, 2025]
- Bad for democracy: North Carolina could throw out valid ballots in tight election - The Guardian - April 18th, 2025 [April 18th, 2025]
- Debt, development, and democracy: Prospects for meeting the SDGs in Africa - Brookings - April 18th, 2025 [April 18th, 2025]
- SIUs Paul Simon Institute hosts Kettering Foundation CEO to discuss future of democracy - WSIU NEWS - April 18th, 2025 [April 18th, 2025]
- Introducing The Expand Democracy 5 - The Fulcrum - April 18th, 2025 [April 18th, 2025]
- Your womens, gender and sexuality studies degree isnt useless its essential to maintaining democracy - The Tufts Daily - April 18th, 2025 [April 18th, 2025]
- New political party seeking expanded democracy and a return to the center launches in New Mexico - Source New Mexico - April 18th, 2025 [April 18th, 2025]
- In Promising News for Riggs, North Carolina Cuts Number of Ballots at Risk of Rejection - Democracy Docket - April 18th, 2025 [April 18th, 2025]
- American Revolution: Paul Revere rides again, this time in a democracy coming apart - The Baltimore Banner - April 18th, 2025 [April 18th, 2025]
- There is No Democracy Without Direct Democracy - resilience.org - April 18th, 2025 [April 18th, 2025]
- When the Fight for Democracy Is Personal - The Atlantic - April 18th, 2025 [April 18th, 2025]
- Churches to ring bells for democracy: 6 p.m., April 18, commemorate ride of Paul Revere - PenBay Pilot - April 18th, 2025 [April 18th, 2025]
- Ukraines Democracy Still Works Without Elections - Foreign Policy - April 18th, 2025 [April 18th, 2025]
- Social Democracy isnt Going to Save the West - Counterpunch - April 18th, 2025 [April 18th, 2025]
- Trumps not hurting democracy. Hes blowing up their oligarchy, which is why theyre so mad - The Hill - April 18th, 2025 [April 18th, 2025]
- New Fund Seeks $20 Million to Aid Nonprofits Standing Up to Democracy Threats - The Chronicle of Philanthropy - April 18th, 2025 [April 18th, 2025]
- Sinister SAVE Act will do the opposite for democracy | Letter - centralmaine.com - April 18th, 2025 [April 18th, 2025]
- We've reached a critical turning point in our democracy - Columbia Missourian - April 18th, 2025 [April 18th, 2025]
- A Democracy of Convenience Is No Democracy at All: A Letter from Mahmoud Khalil on His Ongoing Detention - Left Voice - April 18th, 2025 [April 18th, 2025]
- DOJ Sues Maine for Refusing to Comply with Anti-Trans Order - Democracy Now! - April 18th, 2025 [April 18th, 2025]
- Riggs Will Fight as Long as it Takes to Ensure Votes Are Counted in North Carolina - Democracy Docket - April 18th, 2025 [April 18th, 2025]
- OPINION: Are Conservatives trying to destroy democracy as we know it? - Sault Star - April 18th, 2025 [April 18th, 2025]
- Protests are the last thing keeping Turkeys democracy alive - The Economist - March 30th, 2025 [March 30th, 2025]
- Ive never seen such clampdowns in Istanbul. Turkeys democracy is fighting for its life | Orhan Pamuk - The Guardian - March 30th, 2025 [March 30th, 2025]
- Democracy is more than rules and institutions, its a way of life - The Conversation - March 30th, 2025 [March 30th, 2025]
- Voters Need to Know What Redboxing Is and How It Undermines Democracy - Campaign Legal Center - March 30th, 2025 [March 30th, 2025]
- Trumps Latest Executive Order is a Shamand a Warning - Democracy Docket - March 30th, 2025 [March 30th, 2025]
- How the Fight for American Democracy Can Start with Unions - Progressive.org - March 30th, 2025 [March 30th, 2025]
- US swing toward autocracy doesnt have to be permanent but swinging back to democracy requires vigilance, stamina and elections - The Conversation - March 30th, 2025 [March 30th, 2025]
- Donald Trumps chilling effect on free speech and dissent is threatening US democracy - The Conversation - March 30th, 2025 [March 30th, 2025]
- The Price of Peace: Money, Democracy, and the Life of John Maynard Keynes - Paul Krugman and Zachary D. Carter in Conversation - CUNY Graduate Center - March 30th, 2025 [March 30th, 2025]
- Hip-Hop Star Macklemore on New Film The Encampments & Why He Speaks Out Against Israels War on Gaza - Democracy Now! - March 30th, 2025 [March 30th, 2025]
- Why Elon Musk, GOP Are Trying to Buy the Wisconsin Supreme Court Election - Democracy Docket - March 30th, 2025 [March 30th, 2025]
- Free Inquiry & Expression and the Future of Democracy Series Continues March 27 - Stetson University - March 30th, 2025 [March 30th, 2025]
- Arkansas AG rejects proposed ballot measure to amend states direct democracy process - Arkansas Advocate - March 30th, 2025 [March 30th, 2025]
- Our Voice: Threats to Democracy, From Oopsie Too late, to Ignoring Classified Communications - The Ark Valley Voice - March 30th, 2025 [March 30th, 2025]
- For the sake of US democracy, its time for Chuck Schumer to step down | Leah Greenberg and Ezra Levin - The Guardian - March 30th, 2025 [March 30th, 2025]
- To Build a Better Democracy, Start by Rethinking Your Relationship to the Internet - Tech Policy Press - March 30th, 2025 [March 30th, 2025]
- Duluth Residents Share Concerns at a Town Hall Hosted by Practicing Democracy - FOX 21 Online - March 30th, 2025 [March 30th, 2025]