Donald Trump Has Broken the Constitution - The Atlantic - 1 views
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The Constitution is not, however, as Justice Robert Jackson once famously wrote, “a suicide pact.” That phrase is usually used to suggest that government can legitimately overstep its bounds in times of emergency. But it also refers, I think, to moments when “we the people” pour a national libation of Kool-Aid and demand that everybody drink.
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Clearly a large proportion of American citizens—not as many as voted for Hillary Clinton, but still, under our strange system, enough—wanted Trump as their president and now hope that he fulfills the loud promises he repeatedly made to the country.
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But those promises are the problem. Donald Trump ran on a platform of relentless, thoroughgoing rejection of the Constitution itself, and its underlying principle of democratic self-government and individual rights. True, he never endorsed quartering of troops in private homes in time of peace, but aside from that there is hardly a provision of the Bill of Rights or later amendments he did not explicitly promise to override, from First Amendment freedom of the press and of religion to Fourth Amendment freedom from “unreasonable searches and seizures” to Sixth Amendment right to counsel to Fourteenth Amendment birthright citizenship and Equal Protection and Fifteenth Amendment voting rights.
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Like an admissions officer at Trump University, he offered Americans a bag of magic beans and asked them in exchange to hand over their rights and their form of government.Smiling, nearly 60 million complied.
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He is, in other words, a figure out of authoritarian politics, not the American tradition; and a democratic constitution that empowers such a leader has misfired badly.
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American national leaders gain their legitimacy by competing in compliance with not merely the outward forms but the clear values of our Constitution—equal dignity, religious freedom and tolerance, open deliberation, and the rule of law.
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These values don’t bind Donald Trump; norms of decency do not apply; he shrugs off the very burden of fact itself. Like dictators of the Old World, he uses his mass media power to lie, to insult, to strip individuals of their dignity, to commit the grossest libels of religious and national groups, and to encourage persecution, torture, and public violence. He actively campaigns against any notions of racial, religious, and sexual equality. He threatens those who oppose him with the unchecked power of the state.
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I deny their right to give Trump my rights or those of others who cannot defend themselves. No result is legitimate that threatens the Constitution its very promise of the “blessings of liberty.” No transient plurality, no matter how angry, has the power to strip minorities of equal status and protection; no mass of voters, no matter how frightened, has the power to vote away the democratic future of their children and their children’s children.
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Over a decade and a half of no-holds-barred politics and “enemy-within” panic, Americans drove their democracy as if it were an automobile with an oil leak, until the engine at last has seized up and the vehicle has crashed.
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But I know this as well: Trump was elected President on November 8.But he is not my president and he never will be.