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A glimmer of hope for Biden emerged toward the end of the survey: “If Donald Trump is found guilty and convicted this year of a felony — with Donald Trump as the Republican candidate and Joe Biden as the Democratic candidate — for whom would you vote?”In this hypothetical circumstance, Biden pulls ahead of Trump, 45-43.

when asked, “How willing would you be to vote for Donald Trump if he is convicted of a crime?” 53 percent of registered voters surveyed said they would be “unwilling” to do so; 46 percent said “very unwilling”; and 7 percent said “somewhat unwilling.”

Bloomberg-Morning Consult asked respondents whether they would be unwilling to vote for Trump if he were “sentenced to prison”: 55 percent said unwilling, 48 percent very unwilling and 7 percent said somewhat unwilling.

YouGov found that 45 percent of respondents were either unaware of or uncertain that Trump had “been charged with falsifying business records to conceal hush money payments to Stormy Daniels, a porn star” and that Trump “had been found liable for sexually assaulting and defaming writer E. Jean Carroll.”

The most recent NBC News poll, conducted at the end of January, has Trump favored over Biden by a substantial 47 percent to 42 percent.

In the RealClearPolitics compilation of polls that add Robert Kennedy Jr., Cornel West and Jill Stein to the mix, Trump’s lead over Biden more than doubles, to 4.8 points, 41.6 to 36.8 percent. Kennedy gets 13 percent, and West and Stein each get 2.1 percent.

Along with the threat posed by third-party candidates, two major crises — immigration and the Israeli assault on Hamas in Gaza — have become significant liabilities for the Biden campaign.

The Dec. 10-14 New York Times/Siena poll found that young voters, aged 18 to 29, favored Trump over Biden 49-43. These voters said they trusted Trump over Biden “to do a better job on the Israeli-Palestinian conflict” 49-30. In the 2020 election, Biden beat Trump among 18-to-29-year-old voters by 24 points, 60-36, according to exit polls, by far his biggest margin in all age groups.

“To win in 2024, Biden will need to convince voters that he is still the proud moderate they voted for in 2020,” Cowan wrote by email. “He has a lot of evidence on his side, but he still has a lot of convincing to do.”

Biden’s showing “middle- and working-class voters that he understands their values and takes seriously their concerns around crime, immigration and the economy — which, as polling makes clear, are often dramatically different and far more mainstream and centrist than those of college-educated elites who staff much of Washington — is the only way to win.”

While bitterly criticized by many liberals, the Supreme Court decision last year to ban affirmative action in public and private colleges will in fact reduce the salience of an issue that has historically worked to build support for Republicans.

“People used to talk about politicians trying to control our bodies,” she said. “Now it’s, they have no business getting involved in these medical decisions, these politicians don’t have medical expertise, they’re making these laws, and they’re not basing it on health care or science.”

Seventy-three percent of independents who support abortion rights said stories about women almost dying because of bans would affect how they vote.

“Now it’s about pregnancy, and everybody knows someone who had a baby or wants to have a baby or might get pregnant,” she said. “It’s profoundly personal to a majority of the public.”

Anti-abortion groups have responded by trying to carve out a difference between “elective abortion” for unwanted pregnancies — which they want banned — and “maternal fetal separation” in medical emergencies. (The medical procedure is the same.)

Opponents have long stigmatized abortion as something irresponsible women use as birth control or because they care more about their careers than having children. “When the focus shifts to the dangers that abortion bans inflict on pregnant people,” said Reva Siegel, a constitutional law professor at Yale who has written extensively about the country’s abortion conflict, “it’s easier for Americans to talk about.”

Technology and criminal law have flipped the script, she said.

Before Roe legalized abortion nationally in 1973, the law allowed more leeway for what were considered “therapeutic abortions.” Doctors, often solo practitioners, could use their good faith judgment to provide them. Even the Southern Baptist Convention supported abortions in cases of fetal deformity or when a woman’s physical or mental health was at risk.

Now, the threat of prosecution, $100,000 fines and loss of their medical licenses have chilled doctors and hospital systems in treating women with pregnancy complications. More often than not in some states, lawyers are making the decisions.

In Georgia, she said, more people opposed the state’s ban on abortion after six weeks of pregnancy once they were told that this meant two weeks after the average woman misses her period — not, as her own partner believed, six weeks after conception. Some voters, she said, believed that six weeks meant six weeks after women found out they were pregnant.

Still others believe that the advent of civil rights laws created, in essence, a second Constitution entirely, one that privileges group identity over individual liberty.

Protestant Christian nationalists tend to have a higher regard for the American founding, but they believe it’s been corrupted. They claim that the 1787 Constitution is essentially dead, replaced by progressive power politics that have destroyed constitutional government.

Catholic post-liberals believe that liberal democracy itself is problematic. According to their critique, the Constitution’s emphasis on individual liberty “atomizes” American life and degrades the traditional institutions of church and family that sustain human flourishing.

The original Constitution and Bill of Rights, while a tremendous advance from the Articles of Confederation, suffered from a singular, near-fatal flaw. They protected Americans from federal tyranny, but they also left states free to oppress American citizens in the most horrific ways

if your ultimate aim is the destruction of your political enemies, then the Constitution does indeed stand in your way.

Right-wing constitutional critics do get one thing right: The 1787 Constitution is mostly gone, and America’s constitutional structure is substantially different from the way it was at the founding. But that’s a good thing

its guardrails against tyranny remain vital and relevant today.

Individual states ratified their own constitutions that often purported to protect individual liberty, at least for some citizens, but states were also often violently repressive and fundamentally authoritarian.

The criminal justice system could be its own special form of hell. Indigent criminal defendants lacked lawyers, prison conditions were often brutal at a level that would shock the modern conscience, and local law enforcement officers had no real constitutional constraints on their ability to search American citizens and seize their property.

Through much of American history, various American states protected slavery, enforced Jim Crow, suppressed voting rights, blocked free speech, and established state churches.

As a result, if you were traditionally part of the local ruling class — a white Protestant in the South, like me — you experienced much of American history as a kind of golden era of power and control.

The Civil War Amendments changed everything. The combination of the 13th, 14th, and 15th Amendments ended slavery once and for all, extended the reach of the Bill of Rights to protect against government actions at every level, and expanded voting rights.

But all of this took time. The end of Reconstruction and the South’s “massive resistance” to desegregation delayed the quest for justice.

decades of litigation, activism and political reform have yielded a reality in which contemporary Americans enjoy greater protection for the most fundamental civil liberties than any generation that came before.

And those who believe that the civil rights movement impaired individual liberty have to reckon with the truth that Americans enjoy greater freedom from both discrimination and censorship than they did before the movement began.

So why are parts of the right so discontent? The answer lies in the difference between power and liberty

One of the most important stories of the last century — from the moment the Supreme Court applied the First Amendment to state power in 1925, until the present day — is the way in which white Protestants lost power but gained liberty. Many millions are unhappy with the exchange.

Consider the state of the law a century ago. Until the expansion of the Bill of Rights (called “incorporation”) to apply to the states, if you controlled your state and wanted to destroy your enemies, you could oppress them to a remarkable degree. You could deprive them of free speech, you could deprive them of due process, you could force them to pray and read state-approved versions of the Bible.

The argument that the Constitution is failing is just as mistaken as the argument that the economy is failing, but it’s politically and culturally more dangerous

Powerful people often experience their power as a kind of freedom. A king can feel perfectly free to do what he wants, for example, but that’s not the same thing as liberty.

Looked at properly, liberty is the doctrine that defies power. It’s liberty that enables us to exercise our rights.

Think of the difference between power and liberty like this — power gives the powerful freedom of action. Liberty, by contrast, protects your freedom of action from the powerful.

At their core, right-wing attacks on the modern Constitution are an attack on liberty for the sake of power.

An entire class of Americans looks back at decades past and has no memory (or pretends to have no memory) of marginalization and oppression. They could do what they wanted, when they wanted and to whom they wanted.

Now they don’t have that same control

Muslims, Sikhs, Jews, Buddhists and atheists all approach the public square with the same liberties. Drag queens have the same free speech rights as pastors, and many Americans are livid as a result.

when a movement starts to believe that America is in a state of economic crisis, criminal chaos and constitutional collapse, then you can start to see the seeds for revolutionary violence and profound political instability. They believe we live in desperate times, and they turn to desperate measures.

“You shall know the truth, and the truth shall set you free.” So much American angst and anger right now is rooted in falsehoods. But the truth can indeed set us free from the rage that tempts American hearts toward tyranny.

As Douglass argued, “To suppress free speech is a double wrong. It violates the rights of the hearer as well as those of the speaker.”

Acts of intimidation are as grave a threat to free speech as restrictive government policies. Again, Douglass said it well: “There can be no right of speech where any man, however lifted up, or however humble, however young, or however old, is overawed by force, and compelled to suppress his honest sentiments.”

That shame mangrove has been completely uprooted by Trump.

The reason people felt ashamed is that they felt fidelity to certain norms — so their cheeks would turn red when they knew they had fallen short

in the kind of normless world we have entered where societal, institutional and leadership norms are being eroded,” Seidman said to me, “no one has to feel shame anymore because no norm has been violated.”

People in high places doing shameful things is hardly new in American politics and business. What is new, Seidman argued, “is so many people doing it so conspicuously and with such impunity: ‘My words were perfect,’ ‘I’d do it again.’ That is what erodes norms — that and making everyone else feel like suckers for following them.”

Nothing is more corrosive to a vibrant democracy and healthy communities, added Seidman, than “when leaders with formal authority behave without moral authority.

Without leaders who, through their example and decisions, safeguard our norms and celebrate them and affirm them and reinforce them, the words on paper — the Bill of Rights, the Constitution or the Declaration of Independence — will never unite us.”

. Trump wants to destroy our social and legal mangroves and leave us in a broken ethical ecosystem, because he and people like him best thrive in a broken system.

He keeps pushing our system to its breaking point, flooding the zone with lies so that the people trust only him and the truth is only what he says it is. In nature, as in society, when you lose your mangroves, you get flooding with lots of mud.

Responsibility, especially among those who have taken oaths of office — another vital mangrove — has also experienced serious destruction.

It used to be that if you had the incredible privilege of serving as U.S. Supreme Court justice, in your wildest dreams you would never have an American flag hanging upside down

Your sense of responsibility to appear above partisan politics to uphold the integrity of the court’s rulings would not allow it.

Civil discourse and engaging with those with whom you disagree — instead of immediately calling for them to be fired — also used to be a mangrove.

when moral arousal manifests as moral outrage — and immediate demands for firings — “it can result in a vicious cycle of moral outrage being met with equal outrage, as opposed to a virtuous cycle of dialogue and the hard work of forging real understanding.”

In November 2022, the Heterodox Academy, a nonprofit advocacy group, surveyed 1,564 full-time college students ages 18 to 24. The group found that nearly three in five students (59 percent) hesitate to speak about controversial topics like religion, politics, race, sexual orientation and gender for fear of negative backlashes by classmates.

Locally owned small-town newspapers used to be a mangrove buffering the worst of our national politics. A healthy local newspaper is less likely to go too far to one extreme or another, because its owners and editors live in the community and they know that for their local ecosystem to thrive, they need to preserve and nurture healthy interdependencies

in 2023, the loss of local newspapers accelerated to an average of 2.5 per week, “leaving more than 200 counties as ‘news deserts’ and meaning that more than half of all U.S. counties now have limited access to reliable local news and information.”

As in nature, it leaves the local ecosystem with fewer healthy interdependencies, making it more vulnerable to invasive species and disease — or, in society, diseased ideas.

It’s not that the people in these communities have changed. It’s that if that’s what you are being fed, day in and day out, then you’re going to come to every conversation with a certain set of predispositions that are really hard to break through.”

we have gone from you’re not supposed to say “hell” on the radio to a nation that is now being permanently exposed to for-profit systems of political and psychological manipulation (and throw in Russia and China stoking the fires today as well), so people are not just divided, but being divided. Yes, keeping Americans morally outraged is big business at home now and war by other means by our geopolitical rivals.

More than ever, we are living in the “never-ending storm” that Seidman described to me back in 2016, in which moral distinctions, context and perspective — all the things that enable people and politicians to make good judgments — get blown away.

Blown away — that is exactly what happens to the plants, animals and people in an ecosystem that loses its mangroves.

a trend ailing America today: how much we’ve lost our moorings as a society.

Civil discourse and engaging with those with whom you disagree — instead of immediately calling for them to be fired — also used to be mangroves.

civility itself also used to be a mangrove.

“Why the hell not?” Drummond asks.“You’re not supposed to say ‘hell,’ either,” the announcer says.You are not supposed to say “hell,” either. What a quaint thought. That is a polite exclamation point in today’s social media.

Another vital mangrove is religious observance. It has been declining for decades:

So now the most partisan national voices on Fox News, or MSNBC — or any number of polarizing influencers like Tucker Carlson — go straight from their national studios direct to small-town America, unbuffered by a local paper’s or radio station’s impulse to maintain a community where people feel some degree of connection and mutual respect

In a 2021 interview with my colleague Ezra Klein, Barack Obama observed that when he started running for the presidency in 2007, “it was still possible for me to go into a small town, in a disproportionately white conservative town in rural America, and get a fair hearing because people just hadn’t heard of me. … They didn’t have any preconceptions about what I believed. They could just take me at face value.”

“I would have to say Tolkien,” Vance said. “I’m a big Lord of the Rings guy, and I think, not realizing it at the time, but a lot of my conservative worldview was influenced by Tolkien growing up.” He added of Tolkien’s colleague: “Big fan of C.S. Lewis — really sort of like that era of English writers. I think they were really interesting. They were grappling, in part because of World War II, with just very big problems.”

In the books, the future of civilization rests on the search and eventual destruction of The One Ring. While Frodo and Gollum jostle over the singular ring, true fans know there are a total of 20 rings of power. Vance is apparently among those ranks, as the venture capital firm he founded in 2019 is named Narya, named after one of those other rings that Gandalf wears. Vance’s mentor Peter Thiel similarly named his company Palantir after the crystal ball used by Saruman in Lord of the Rings, and Vance has invested in the defense startup Anduril, named after Aragorn’s sword.

“By the time of the Lord of the Rings trilogy, Narya has been entrusted to Gandalf to resist the corrupting influence of evil, preserve the world from decay, and give strength to its wielder,”

“Gandalf, unlike the other great powers in Lord of the Rings, cared for the hobbits and other lowly people of Middle-Earth, and so it is unsurprising that Vance would see himself as a kind of Gandalf, caring for the forgotten people of his hometown, keeping a watchful eye on them against the corrupting effects of the world.”

Luke Burgis, author of a book about René Girard (another of Vance’s intellectual heroes) and Catholic University of America professor, said he suspects “Vance’s appreciation of Tolkien is not unrelated to his conversion to Catholicism in 2019. Of the many ways that Tolkien’s work exemplifies the Catholic imagination, one is the relationship between the visible and the invisible. I think it’s fair to say that Vance believes there is real spiritual evil in this world, and it can become embodied in rites and rituals.” (At a closed-door speech in September 2021, Vance said, “I believe the devil is real and that he works terrible things in our society.)

Vance likely took away from Tolkien “an apocalyptic frame of mind” Burgis told me, a final and all-encompassing battle between good and evil

The books have a definite anti-war streak. In the Two Towers, the second of the trilogy, Tolkien wrote: “War must be, while we defend our lives against a destroyer who would devour all; but I do not love the bright sword for its sharpness, nor the arrow for its swiftness, nor the warrior for his glory. I love only that which they defend.”

Vance has said his own time in the Marines deployed in Iraq was formative to his isolationist, dovish approach to foreign policy. “I served my country honorably, and I saw when I went to Iraq that I had been lied to,” Vance once recounted. “[I saw] that promises of the foreign policy establishment of this country were a complete joke.”

But his fandom also is in tension with some of Tolkien’s ideas about how nation-states should approach the outside world. The books are, in many ways, anti-isolationist. Frodo wants to ignore the ill tidings and stay home but eventually realizes that the Shire isn’t untouched by troubles elsewhere (like, say, NATO being pulled into defending Ukraine from Sauron Putin). In the end, Rohan, Gondor, the elves, ents and dwarves, all must band together and end their petty nationalist squabbles. Their lives are, they realize, interconnected.

Vance’s love of Lord of the Rings is of a piece with rightward nationalists abroad. Italy’s Giorgia Meloni used to cosplay as a hobbit. “I think that Tolkien could say better than us what conservatives believe in,” she has said, though unlike Vance she has supported aid to Ukraine.

Rick Santorum, the former senator and two-time GOP presidential candidate, is a fellow Tolkien-pilled Catholic but he has different takeaways from Vance.

“I’m a huge Tolkien fan,” he continued. “I’m also someone who believes that the message of Tolkien is that evil must be confronted. And so the idea is that well, we can wait until it comes to the Shire, but that is not a very good game plan. You gotta go to Mordor.”

All of this points to intellectual and spiritual tensions Vance still seems to be working out. “He’s been in office a year and a half. He’s never been greatly involved in politics before this,” Santorum said. “I suspect that this is one of the reasons Trump may have picked him: JD is a smart guy but is still a work in progress.”

Those close to Vance say he has been undergoing an awakening since he converted to Catholicism in 2019.

Conservative writer Rod Dreher, who Vance invited to his initiation to the faith in 2019 and was present for his first communion, told me that Vance “is thinking broadly about how all must join in the great struggle against darkness — there is no avoiding the struggle — and how God can use the humble and the lowborn to do great things.”

“Think about it: Who would have imagined that sad, scared little Ohio boy living in a wreck of a family would have come through it all, and risen to the gates of supreme political power? What might God be doing with him? J.D. Vance might be Frodo of the Hollers, a veritable hillbilly hobbit.”