Heather Cox Richardson writing last night for her Letters from an American newsletter:
Today the United States Supreme Court overthrew the central premise of American democracy: that no one is above the law.
It decided that the president of the United States, possibly the most powerful person on earth, has “absolute immunity” from criminal prosecution for crimes committed as part of the official acts at the core of presidential powers. The court also said it should be presumed that the president also has immunity for other official acts as well, unless that prosecution would not intrude on the authority of the executive branch.
This is a profound change to our fundamental law — an amendment to the Constitution, as historian David Blight noted. Writing for the majority, Chief Justice John Roberts said that a president needs such immunity to make sure the president is willing to take “bold and unhesitating action” and make unpopular decisions, although no previous president has ever asserted that he is above the law or that he needed such immunity to fulfill his role. Roberts’s decision didn’t focus at all on the interest of the American people in guaranteeing that presidents carry out their duties within the guardrails of the law.
But this extraordinary power grab does not mean President Joe Biden can do as he wishes. As legal commentator Asha Rangappa pointed out, the court gave itself the power to determine which actions can be prosecuted and which cannot by making itself the final arbiter of what is “official” and what is not. Thus any action a president takes is subject to review by the Supreme Court, and it is reasonable to assume that this particular court would not give a Democrat the same leeway it would give Trump.
There is no historical or legal precedent for this decision.
As I’ve noted before, Richardson’s book Democracy Awakening: Notes on the State of America is an excellent way to get yourself up to speed on the origins of this decades-long project by the Republicans to subvert American democracy. From a review of the book by Virginia Heffernan:
She has an intriguing origin point for today’s afflictions: the New Deal. The first third of the book, which hurtles toward Donald Trump’s election, is as bingeable as anything on Netflix. “Democracy Awakening” starts in the 1930s, when Americans who’d been wiped out in the 1929 stock market crash were not about to let the rich demolish the economy again. New Deal programs designed to benefit ordinary people and prevent future crises were so popular that by 1960 candidates of both parties were advised to simply “nail together” coalitions and promise them federal funding. From 1946 to 1964, the liberal consensus — with its commitments to equality, the separation of church and state, and the freedoms of speech, press and religion — held sway.
But Republican businessmen, who had caused the crash, despised the consensus. Richardson’s account of how right-wingers appropriated the word “socialism” from the unrelated international movement is astute. When invoked to malign all government investment, “socialism” served to recruit segregationist Democrats, who could be convinced that the word meant Black people would take their money, and Western Democrats, who resented government protections on land and water. This new Republican Party created an ideology that coalesced around White Christianity and free markets.
This is a great overview and review by Teri Kanefield of Heather Cox Richardson’s new book, Democracy Awakening.
She opens with: “America is at a crossroads.”
But crossroads aren’t new. We’ve been at them before.
She shows how this moment is part of an ongoing struggle between a small group of white people who think that America was founded on principles of white supremacy and should remain that way, and the rest of us.
Throughout US history, the white supremacists have seized power and implemented minority rule: secession, Jim Crow & anti-immigration laws. Then the majority pushes back: the Civil War & Reconstruction, The New Deal.
The current GOP is a backlash against Brown v Board of Education (the Supreme Court case that declared racial segregation in schools unconstitutional.)
Richardson traces in detail how that backlash happened, and how today’s backlash echoes the language and attitudes of the Confederacy.
She shows Nixon and others tied taxes to “redistributing wealth” to “undeserving” people as a way to get lower income racists aboard an economic agenda that hurt them.
I really have to make time to read this book!
The Atlantic has an adapted excerpt from Heather Cox Richardson’s new book, Democracy Awakening: The Origins of the Socialist Slur. It begins:
For years after World War II, the “liberal consensus” — the New Deal idea that the federal government had a role to play in regulating business, providing a basic social safety net, and promoting infrastructure — was a true consensus. It was so widely popular that in 1950, the critic Lionel Trilling wrote of the United States that “liberalism is not only the dominant but even the sole intellectual tradition.”
But the Supreme Court’s 1954 Brown v. Board of Education decision declaring segregation in public schools unconstitutional tied the federal government to ensuring not just economic equality, but also civil rights. Opponents of the liberal consensus argued that the newly active federal government was misusing tax dollars taken from hardworking white men to promote civil rights for “undeserving” Black people. The troops President Dwight Eisenhower sent to Little Rock Central High School in 1957, for example, didn’t come cheap. The government’s defense of civil rights redistributed wealth, they said, and so was virtually socialism.
Heather Cox Richardson, author of the excellent Letters from an American newsletter, has a new book out today about the health of American democracy: Democracy Awakening: Notes on the State of America. From Virginia Heffernan’s review of the book in the Washington Post:
She has an intriguing origin point for today’s afflictions: the New Deal. The first third of the book, which hurtles toward Donald Trump’s election, is as bingeable as anything on Netflix. “Democracy Awakening” starts in the 1930s, when Americans who’d been wiped out in the 1929 stock market crash were not about to let the rich demolish the economy again. New Deal programs designed to benefit ordinary people and prevent future crises were so popular that by 1960 candidates of both parties were advised to simply “nail together” coalitions and promise them federal funding. From 1946 to 1964, the liberal consensus — with its commitments to equality, the separation of church and state, and the freedoms of speech, press and religion — held sway.
But Republican businessmen, who had caused the crash, despised the consensus. Richardson’s account of how right-wingers appropriated the word “socialism” from the unrelated international movement is astute. When invoked to malign all government investment, “socialism” served to recruit segregationist Democrats, who could be convinced that the word meant Black people would take their money, and Western Democrats, who resented government protections on land and water. This new Republican Party created an ideology that coalesced around White Christianity and free markets.
Heffernan calls this first part of Richardson’s book “the most lucid just-so story for Trump’s rise I’ve ever heard”. I’m in the midst of two other books right now (The Vaster Wilds & The Mountain in the Sea) but I might have to make room for a third.
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