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    Last Exit Before Trump: New Hampshire

    Tuesday’s primary election will probably decide whether there will be a race at all.Newport, N.H., last week. CJ Gunther/EPA, via ShutterstockLet’s be blunt about the stakes of the New Hampshire primary on Tuesday.If Donald J. Trump wins decisively, as the polls suggest, he will be on track to win the Republican nomination without a serious contest. The race will be all but over.The backdrop is simple: Mr. Trump holds a dominant, 50-plus-point lead in the polls with just seven weeks to go until the heart of the primary season, when the preponderance of delegates will be awarded. His position has only improved since Iowa, with national polls now routinely showing him with over 70 percent of the vote.Even skeptical Republican officials are consolidating behind the party’s front-runner. Ron DeSantis’s decision to suspend his campaign and endorse Mr. Trump is only the latest example.The polling by state isn’t much better for Nikki Haley, the only remaining opponent for Mr. Trump. He leads Ms. Haley by at least 30 points in all of the states after New Hampshire until Super Tuesday. So without a monumental shift in the race, he will secure the nomination in short order. More

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    History Argues for Disqualifying Trump

    One of the most difficult things to ask a judge to do is issue a ruling that he or she believes is actually dangerous. Even if you can make a strong case that the letter of the law is on your side, judges are tempted to narrow the reach of disfavored laws or sometimes virtually rewrite them in order to avoid outcomes that are deemed too radical or disruptive.Thus, it’s incumbent on good lawyers to argue not merely in favor of the letter of the law but also for the underlying merit of the law itself. My newsletter two weeks ago focused mainly on the legal argument for disqualifying Donald Trump from the presidency on the basis of the text and history of Section 3 of the 14th Amendment. I made the case that the plain language of the amendment should disqualify Trump regardless of the consequences, which many observers — including some strongly opposed to Trump — believe would be dire and violent.Today, by contrast, I will make the case that even the consequences argue for Trump’s disqualification. Or, put more directly, that the consequences of not disqualifying the former president are likely to be worse than those of disqualifying him. This is the lesson of history both recent — the Trump era and Jan. 6, 2021 — and more distant. The profound mistakes of the Reconstruction-era Congress, just years after the Civil War and the ratification of the 14th Amendment, teach us about the high cost of welcoming insurrectionists back into high office.I addressed these points briefly in a short post for our new Opinion blog, but they deserve more attention. Critics of applying Section 3 to Trump have correctly and eloquently argued that removing him from the race could trigger a convulsive and potentially violent backlash in the American body politic. Millions of Americans would feel as if their choice was taken from them and that scheming elites were destroying American democracy.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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    Even the Battle for Second Turned Out Well for Trump in Iowa

    A dominant victory and little momentum for his rivals.Donald Trump won by 30 percentage points. Doug Mills/The New York TimesIf there was any question whether Donald J. Trump was on track to win the Republican nomination, it was answered Monday night by the voters of Iowa.The first-in-the-nation Iowa caucuses delivered him a sweeping victory, offering the most concrete proof yet of his dominance over the Republican Party.With nearly all the votes counted, Mr. Trump’s share was 51 percent. Ron DeSantis finished a distant second at 21 percent, with Nikki Haley at 19 percent.The result is not surprising or even unexpected, but Mr. Trump’s victory is no small feat. A year ago, Iowa did not look as if it would be easy for the former president. In an upset eight years ago, Iowa voters rejected Mr. Trump in favor of Ted Cruz. And unlike the rest of the country, the Iowa political establishment has refused to get in line behind Mr. Trump.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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    Un gran año electoral no debe distraer del deterioro democrático

    Hay que prestar atención al declive institucional.No tengo idea de cómo llegué a mi oficina esta mañana. Quiero decir, sí lo sé: caminé a la estación del metro que está cerca de mi casa, me subí a un tren, unas paradas después transbordé a otro, me bajé cerca de mi oficina y luego entré al edificio, aunque antes fui rápido a una cafetería para comprar un sándwich para el desayuno.Pero esa lista de pasos describe el límite de mi conocimiento. No tengo ni idea de quién abrió la estación de metro ni de lo que se necesita para mantenerla en funcionamiento. (O, como fue el caso, por qué uno de los torniquetes estaba atascado a medio abrir y zumbaba a nadie en particular una quejumbrosa alarma sobre su situación). No sé conducir un tren y, desde luego, no sé cómo es su mantenimiento. Y estoy segura de que los londinenses están muy agradecidos de que yo nunca haya tenido que plantearme cómo excavar un túnel de metro o instalar una línea de tren.Y, sin embargo, si esas cosas no hubieran sucedido en el orden correcto, tal como las diseñaron los expertos y las llevaron a cabo los profesionales, Londres se paralizaría. De hecho, la semana pasada estuvo a punto de producirse ese colapso, debido a una huelga de transportes que se suspendió en el último momento.Lo mágico de las instituciones es esto: existen para que los procesos complejos puedan automatizarse, para que grandes grupos de personas puedan colaborar sin tener que crear nuevos sistemas para hacerlo y para que personas como yo podamos confiar en su pericia sin poseer ni un ápice de esa experiencia.Pero como las instituciones suelen funcionar en segundo plano, sin que se note, a veces es difícil determinar el momento en que empiezan a desmoronarse. Y, lo que es frustrante para mí, es que es aún más difícil escribir sobre el declive progresivo sin que suene tremendamente aburrido.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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    A Big Reason to Pay Attention to Iowa? New Hampshire.

    Second place could mean a lot to Nikki Haley tonight as a showdown with Donald Trump looms in the next primary contest.Finishing second in Iowa could propel Nikki Haley in New Hampshire.John Tully for The New York TimesThe long road to the Republican presidential nomination begins tonight in Iowa, where voters will gather at their neighborhood precinct caucuses to cast the first votes of the 2024 election campaign.Iowa may not have many voters or delegates, but the first-in-the-nation caucuses always attract a media frenzy. With the help of the national spotlight, Iowa voters have been surprisingly influential over the decades: A caucus win has sometimes been enough to propel candidates — think Barack Obama or Jimmy Carter — from a deep deficit or even obscurity to the nomination.But tonight, Iowa voters seem likely to choose Donald J. Trump — someone they didn’t pick eight years ago, but who now appears poised for the largest victory in a contested Iowa Republican caucus.Absent a polling meltdown, Mr. Trump’s victory would be one of the more impressive illustration of his dominance over the Republican Party. In 2016, Iowa voters rejected Mr. Trump in favor of Ted Cruz. And unlike most of the country, the Republican establishment in Iowa has not gone along with Mr. Trump. Yet he’s poised for an overwhelming victory anyway.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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    Why Jan. 6 Wasn’t an Insurrection

    I’ve written several times about the case for disqualifying Donald Trump via the 14th Amendment, arguing that it fails tests of political prudence and constitutional plausibility alike. But the debate keeps going, and the proponents of disqualification have dug into the position that whatever the prudential concerns about the amendment’s application, the events of Jan. 6, 2021, obviously amounted to an insurrection in the sense intended by the Constitution, and saying otherwise is just evasion or denial.From their vantage point, any definition of “insurrection” that limits the amendment’s application to the kind of broad political-military rebellion that occasioned its original passage — to the hypothetical raising of a Trumpist Army of Northern Virginia, say, or the seizure of the U.S. Capitol by a Confederate States of Trumpist America — is an abuse of the natural meaning of the word. Such a limitation, they say, ignores all the obvious ways that lesser, less comprehensive forms of resistance to lawful authority clearly qualify as insurrectionary.Here are a couple of examples of this argument: The Atlantic’s Adam Serwer, arguing with me and New York magazine’s Jonathan Chait; and the constitutional law professor Ilya Somin, going back and forth with his fellow legal scholar Steven Calabresi in Reason magazine.I have a basic sympathy with Calabresi’s suggestion that the “paradigmatic example” that the drafters of the 14th Amendment had in mind should guide our understanding of its ambiguities, and since the paradigmatic example is the Civil War, in which hundreds of thousands of people were killed, a five-hour riot probably doesn’t clear the bar. (For related arguments about the perils of applying precedents from specific crises to radically different situations, see this essay from Samuel Issacharoff as well.)We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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    Trump Doesn’t Actually Speak for the Silent Majority

    I can’t fit everything that I think into a single piece, especially when I’m writing on deadline. My column this week, for example, was on the effort to disqualify Trump from the 2024 ballot using Section 3 of the 14th Amendment. Although the piece is not exactly brief, it’s by no means exhaustive of my thoughts on the matter.There was one point in particular that I couldn’t quite fit into the flow. It concerns an assumption that, in my view, undergirds much of the discourse around Trump and his voters.It’s for good reason that the results of the 2016 presidential race shocked, surprised and unsettled many millions of Americans, including the small class of people who write about and interpret politics for a living. There was a strong sense, in the immediate aftermath of the election, that journalists were woefully out of touch with the people at large. Otherwise, they would not have missed the groundswell of support for Trump.One inadvertent consequence of this understandable bout of introspection was, I think, to validate Trump’s claim that he spoke for a silent majority of forgotten Americans. It was easy enough to look at the new president’s political coalition — disproportionately blue-collar and drawn almost entirely from the demographic majority of the country — and conclude that this was basically correct. And even if it wasn’t, the image of the blue-collar (although not necessarily working-class) white man or white woman has been, for as long as any of us have been alive, a synecdoche for the “ordinary American” or the “Middle American” or the “average American.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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    Want to Understand 2024? Look at 1948.

    Americans were angry with Truman because of high prices in the aftermath of World War II, even as other economic signals looked promising.President Truman and his wife, Bess, during his 1948 whistle-stop campaign.Associated PressIn the era of modern consumer confidence data, there has never been an economy quite like this recent one — with prices rising so high and unemployment staying so low.But just a few years before the consumer sentiment survey index became widely available in 1952, there was a period of economic unrest that bears a striking resemblance to today: the aftermath of World War II, when Americans were near great prosperity yet found themselves frustrated by the economy and their president.If there’s a time that might make sense of today’s political moment, postwar America might just be it. Many analysts today have been perplexed by public dissatisfaction with the economy, as unemployment and gross domestic product have remained strong and as inflation has slowed significantly after a steep rise. To some, public opinion and economic reality are so discordant that it requires a noneconomic explanation, sometimes called “vibes,” like the effect of social media or a pandemic hangover on the national mood.But in the era of modern economic data, Harry Truman was the only president besides Joe Biden to oversee an economy with inflation over 7 percent while unemployment stayed under 4 percent and G.D.P. growth kept climbing. Voters weren’t overjoyed then, either. Instead, they saw Mr. Truman as incompetent, feared another depression and doubted their economic future, even though they were at the dawn of postwar economic prosperity.The source of postwar inflation was fundamentally similar to post-pandemic inflation. The end of wartime rationing unleashed years of pent-up consumer demand in an economy that hadn’t fully transitioned back to producing butter instead of guns. A year after the war, wartime price controls ended and inflation skyrocketed. A great housing crisis gripped the nation’s cities as millions of troops returned from overseas after 15 years of limited housing construction. Labor unrest roiled the nation and exacerbated production shortages. The most severe inflation of the last 100 years wasn’t in the 1970s, but in 1947, reaching around 20 percent.According to the historian James T. Patterson, “no domestic issue of these years did Truman more damage than the highly contentious question of what to do about wartime restraints on prices.”Mr. Truman’s popularity collapsed. By spring in 1948, an election year, his approval rating had fallen to 36 percent, down from over 90 percent at the end of World War II. He fell behind the Republican Thomas Dewey in the early head-to-head polling. He was seen as in over his head. The New Republic ran a front-page editorial titled: “As a candidate for president, Harry Truman should quit.”Hubert Humphrey, mayor of Minneapolis and later a vice president and Democratic presidential nominee, spoke before a Senate committee on anti-inflation controls in 1948.Associated PressIn retrospect, it’s hard to believe voters were so frustrated. Historians generally now consider Mr. Truman one of the great presidents, and the postwar period was the beginning of the greatest economic boom in American history. By any conceivable measure, Americans were unimaginably better off than during the Great Depression a decade earlier. Unemployment remained low by any standard, and consumers kept spending. The sales of seemingly every item — appliances, cars and so on — were an order of magnitude higher than before the war.Yet Americans were plainly dissatisfied. Incomes in 1948 were twice what they were in 1941, but statistically their dissatisfaction is probably best explained by the decline in real incomes in 1947, just as real incomes declined in 2021-22. The polling in the run-up to the 1948 election — archived at the Roper Center — bears the hallmarks of voter dissatisfaction:Despite the extraordinarily positive developments of the last decade, voters were pessimistic about the future. They believed a depression was likely in the next few years. As late as summer 1948, they were likelier to think things in America would get worse in the years ahead than to get better. They expected prices to keep rising.In November 1947, Gallup found that more than two-thirds of Americans said they were finding it harder to make ends meet than the year before, while almost no one said it was easier.In polling throughout 1947 and 1948, a majority supported reinstating wartime rationing and price controls.In December 1947, more than 70 percent of adults said they would want their own wages to decline in order to bring prices down.Prices seemed to weigh heavily on Americans heading into the election. Voters said that if they got a chance to talk with Mr. Truman about anything, it would be the cost of living and getting the economy back to normal. Ahead of the conventions, voters said a plan to address high prices was the No. 1 priority they wanted in a party platform. More voters said they wanted prices to be addressed over the next four years than any other issue.A rally for equal rights outside the 1948 Democratic convention in Philadelphia.Bettman/Getty ImagesThe Dixiecrats, a breakaway segregationist party, held a convention of their own in Birmingham, Ala.Bettmann/Getty ImagesThe importance of the economic issue faced stiff competition from the rising Cold War, the enactment of the Marshall Plan, the Berlin airlift, the formation of Israel and the subsequent First Arab-Israeli War, Mr. Truman’s decision to desegregate the military and the rise of the Dixiecrats.The Cold War, civil rights, Israel and other domestic issues combined to put extraordinary political pressure on an increasingly fractured Democratic coalition. On the left, the former vice president Henry Wallace ran against Mr. Truman as a Progressive; he also ran as someone who was unequivocally pro-Israel, threatening to deny Mr. Truman the support of Jewish voters who had voted all but unanimously for Franklin D. Roosevelt. On the right, the segregationist South defected from the Democrats at the convention over the party’s civil rights plank, again threatening to deny him the support of an overwhelmingly Democratic voting bloc.Truman and the Republican nominee, Thomas Dewey, in August 1948. Dewey led in the polls.Nat Fein/The New York TimesHe won, actually.Frank Cancellare/United Press InternationalIn the end, Mr. Truman won in perhaps the most celebrated comeback in American electoral history, including the iconic “Dewey Beats Truman” headline and photograph. He had barnstormed the country with an economically populist campaign that argued Democrats were on the side of working people while reminding voters of the Great Depression. You might well remember from your U.S. history classes that he blamed the famous “Do Nothing Congress” for not enacting his agenda.What you might not have learned in history class is that Mr. Truman attacked the “Do Nothing Congress“ first and foremost for failing to do anything about prices. The text of his speech at the Democratic convention does not quite do justice to his impassioned attack on Republicans for failing to extend price controls in 1946, and for their platform on prices. Finally, he called for a special session of Congress to act on prices and housing shortages (the links correspond to the YouTube video of those parts of his convention speech, for those interested). In short, congressional failure to act on prices was central to his critique of Republicans.In this respect, Mr. Truman was probably in a stronger position than Mr. Biden. Mr. Truman could blame Republicans for inflation; he could argue he had a solution for inflation; and he could link his position on inflation to his broader message about the Democrats as a party for working people. Polling at the time suggested that voters supported price controls, supported his special session, and did not necessarily blame Mr. Truman for inflation. In fact, more voters blamed Congress, business and labor than the president himself.Where Mr. Biden can still hope to match Mr. Truman is in economic reality, as inflation today is falling just as it was in the run-up to the 1948 election.In January 1948, inflation was 10 percent; by the end of October, it had fallen by half, and would reach one percent by January 1949. At election time, only 18 percent of voters expected prices would be higher in six months; just a few months earlier in June, a majority did so. It seems reasonable to wonder whether Mr. Truman might have lost the election had it been held a few months earlier.Despite those excellent conditions for a comeback, Mr. Truman’s electoral weakness was still stark. He had a powerful message and an improving economy, but he won by just 4.5 percentage points. The third-party candidates Mr. Wallace and Strom Thurmond succeeded in denying Mr. Truman key elements of the Democratic base that the party might have imagined it could take for granted just a few years earlier. He lost much of the Deep South without the support of the Dixiecrats and even lost New York, thanks to considerable defections on the left and among Jewish voters. No Democratic presidential would ever again reassemble the so-called New Deal coalition.But if 1948 is a mixed precedent for Mr. Biden, it’s a good precedent for today’s sour economic mood. It might betray a simple fact about public opinion: Voters hate inflation so much that they won’t ever like the economy if prices go up. There is no precedent in the era of consumer sentiment data for voters to have an above-average view of the economy once inflation cracks 5 percent — the recent high was 9 percent in June 2022 — even when unemployment is extremely low. It may just be that simple; indeed, consumer sentiment has begun to tick up over the last year, as inflation has declined to 3 percent.Alternately, 1948 and this era may suggest a more complex lesson about public opinion in the wake of pandemic or war, as high postwar and post-pandemic expectations quickly get dashed by the reality that the world isn’t returning to “normal” quite so quickly. Not only are high hopes dashed, but they also yield many kinds of economic dysfunction beyond high prices, from supply chain problems and housing shortages to “help wanted” signs and rising interest rates.Indeed, the famous “return to normalcy” election in 1920 — the largest popular vote landslide in American history — followed World War I and the 1918-1920 flu pandemic, which brought a recession and even higher inflation than in the 1940s.Normalcy did not come fast enough to save the party in power in 1920, the Democrats, but in retrospect it wasn’t too far off. The Roaring Twenties were just around the corner. And normalcy was just beginning to arrive in 1948, when Mr. Truman won re-election. The country was at the dawn of the prosperous, idealized 1950s “Leave It to Beaver” era that still lingers in the public imagination.If something similar is almost at hand, it can’t come soon enough for Mr. Biden. More