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    Is Trump Disqualified From Holding Office? The Question Matters, Beyond Him.

    State courts in Colorado, Michigan, Minnesota and elsewhere have so far declined to rule in favor of challenges asserting that Donald Trump should be disqualified from holding the presidency again under Section 3 of the 14th Amendment. (Cases in Michigan and Colorado have been appealed.)Challengers assert that Mr. Trump is barred because, as stated in Section 3, he was an officer of the United States who, after taking an oath to support the Constitution, “engaged in insurrection or rebellion against” the country, or gave “aid or comfort to the enemies thereof,” before and during the Jan. 6, 2021, attack on the Capitol.Mr. Trump and his campaign have called this claim an “absurd conspiracy theory” and efforts to bar him “election interference.” Some election officials and legal scholars — many of them otherwise opposed to the former president — have also been critical of the efforts.The Georgia secretary of state, Brad Raffensperger, writes that invoking Section 3 “is merely the newest way of attempting to short-circuit the ballot box.” Michael McConnell, a former judge and professor at Stanford Law School, claims that keeping Mr. Trump off the ballot on grounds that are “debatable at best is not something that will be regarded as legitimate.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.We are confirming your access to this article, this will take just a moment. However, if you are using Reader mode please log in, subscribe, or exit Reader mode since we are unable to verify access in that state.Confirming article access.If you are a subscriber, please  More

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    Appeasing Donald Trump Won’t Work

    I’m going to begin this column with a rather unusual reading recommendation. If you’ve got an afternoon to kill and want to read 126 pages of heavily footnoted legal argument and historical analysis, I strongly recommend a law review article entitled “The Sweep and Force of Section Three.” It’s a rather dull headline for a highly provocative argument: that Donald Trump is constitutionally disqualified from holding the office of president.In the article, two respected conservative law professors, William Baude and Michael Stokes Paulsen, make the case that the text, history and tradition of Section 3 of the 14th Amendment — a post-Civil War amendment that prohibited former public officials from holding office again if they “engaged in insurrection or rebellion” or gave “aid or comfort” to those who did — all strongly point to the conclusion that Trump is ineligible for the presidency based on his actions on and related to Jan. 6, 2021. Barring a two-thirds congressional amnesty vote, Trump’s ineligibility, Baude and Paulsen argue, is as absolute as if he were too young to be president or were not a natural-born citizen of the United States.It’s a fascinating and compelling argument that only grows more compelling with each painstakingly researched page. But as I was reading it, a single, depressing thought came to my mind. Baude and Paulsen’s argument may well represent the single most rigorous and definitive explanation of Section 3 ever put to paper, yet it’s difficult to imagine, at this late date, the Supreme Court ultimately either striking Trump from the ballot or permitting state officials to do so.As powerful as Baude and Paulsen’s substantive argument is, the late date means that by the time any challenge to Trump’s eligibility might reach the Supreme Court, voters may have already started voting in the Republican primaries. Millions of votes could have been cast. The Supreme Court is already reluctant to change election procedures on the eve of an election. How eager would it be to remove a candidate from the ballot after he’s perhaps even clinched a primary?While I believe the court should intervene even if the hour is late, it’s worth remembering that it would face this decision only because of the comprehensive failure of congressional Republicans. Let me be specific. There was never any way to remove Trump from American politics through the Democratic Party alone. Ending Trump’s political career required Republican cooperation, and Republicans have shirked their constitutional duties, sometimes through sheer cowardice. They have punted their responsibilities to other branches of government or simply shrunk back in fear of the consequences.In hindsight, for example, Republican inaction after Jan. 6 boggles the mind. Rather than remove Trump from American politics by convicting him in the Senate after his second impeachment, Republicans punted their responsibilities to the American legal system. As Mitch McConnell said when he voted to acquit Trump, “We have a criminal justice system in this country.” Yet not even a successful prosecution and felony conviction — on any of the charges against him, in any of the multiple venues — can disqualify Trump from serving as president. Because of G.O.P. cowardice, our nation is genuinely facing the possibility of a president’s taking the oath of office while also appealing one or more substantial prison sentences.Republicans have also punted to the American voters, suggesting that any outstanding questions of Trump’s fitness be decided at the ballot box. It’s a recommendation with some real appeal. (In his most recent newsletter, my colleague Ross Douthat makes a powerful case that only politics can solve the problem of Donald Trump.) “Give the people what they want” is a core element of democratic politics, and if enough people “want” Trump, then who are American politicians or judges to deprive them? Yet the American founders (and the drafters of the 14th Amendment) also knew the necessity of occasionally checking the popular will, and the Constitution thus contains a host of safeguards designed to protect American democracy from majorities run amok. After all, if voting alone were sufficient to protect America from insurrectionist leaders, there would have been no need to draft or ratify Section 3.Why are Republicans in Congress punting to voters and the legal system? For many of them, the answer lies in raw fear. First, there is the simple political fear of losing a House or Senate seat. In polarized, gerrymandered America, all too many Republican politicians face political risk only from their right, and that “right” appears to be overwhelmingly populated by Trumpists.But there’s another fear as well, that imposing accountability will only escalate American political division, leading to a tit-for-tat of prosecuted or disqualified politicians. This fear is sometimes difficult to take seriously. For example, conservative podcaster Ben Shapiro raised it, arguing that “running for office now carries the legal risk of going to jail — on all sides.” Yet he had himself written an entire book calling for racketeering charges against Barack Obama.That said, the idea that vengeful MAGA Republicans might prosecute Democrats out of spite is credible enough to raise concerns outside the infotainment right. Michael McConnell, a conservative professor I admire a great deal (and one who is no fan of Donald Trump), expressed concern about the Section 3 approach to disqualifying Trump. “I worry that this approach could empower partisans to seek disqualification every time a politician supports or speaks in support of the objectives of a political riot,” he wrote, adding, “Imagine how bad actors will use this theory.”In other words, Trump abused America once, and the fear is that if we hold him accountable, he or his allies will abuse our nation again. I think Professor McConnell’s warnings are correct. Trump and his allies are already advertising their plans for revenge. But if past practice is any guide, Trump and his allies will abuse our nation whether we hold him accountable or not. The abuse is the constant reality of Trump and the movement he leads. Accountability is the variable — dependent on the courage and will of key American leaders — and only accountability has any real hope of stopping the abuse.A fundamental reality of human existence is that vice often leaves virtue with few good options. Evil men can attach catastrophic risks to virtually any course of action, however admirable. But we can and should learn lessons from history. George Washington and Abraham Lincoln, two of our greatest presidents, both faced insurrectionary movements, and their example should teach us today. When Washington faced an open revolt during the Whiskey Rebellion in 1794, he didn’t appease the rebels, instead mobilizing overwhelming force to meet the moment and end the threat.In 1861, Lincoln rejected advice to abandon Fort Sumter in South Carolina in the hope of avoiding direct confrontation with the nascent Confederate Army. Instead, he ordered the Navy to resupply the fort. The Confederates bombarded Sumter and launched the deadliest war in American history, but there was no point at which Lincoln was going to permit rebels to blackmail the United States into extinction.If you think the comparisons to the Whiskey Rebellion or the Civil War are overwrought, just consider the consequences had Trump’s plan succeeded. I have previously described Jan. 6 as “America’s near-death day” for good reason. If Mike Pence had declared Trump the victor — or even if the certification of the election had been delayed — one shudders to consider what would have happened next. We would have faced the possibility of two presidents’ being sworn in at once, with the Supreme Court (and ultimately federal law enforcement, or perhaps even the Army) being tasked with deciding which one was truly legitimate.Thankfully, the American legal system has worked well enough to knock the MAGA movement on its heels. Hundreds of Jan. 6 rioters face criminal justice. The movement’s corrupt lawyers face their own days in court. Trump is indicted in four jurisdictions. Yet all of that work can be undone — and every triumph will turn to defeat — if a disqualified president reclaims power in large part through the fear of his foes.But the story of Washington and Lincoln doesn’t stop with their decisive victories. While 10 members of the Whiskey Rebellion were tried for treason, only two were convicted, and Washington ultimately pardoned them both. On the eve of final victory, Lincoln’s second Inaugural Address contained words of grace that echo through history, “With malice toward none, with charity for all.”Victory is not incompatible with mercy, and mercy can be indispensable after victory. But while the threat remains, so must the resolve, even if it means asking the Supreme Court to intervene at the worst possible time. Let me end where I began. Read Baude and Paulsen — and not just for their compelling legal argument. Read and remember what it was like when people of character and conviction inhabited the American political class. They have given us the tools to defend the American experiment. All we need is the will.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    The Conditions Are Ripe for a Third Party in 2024. Is No Labels It?

    A majority of Americans don’t want to see President Biden and former President Trump compete for the White House again in 2024. No Labels, a nonpartisan political group, is talking about running a third-party unity ticket next year if Joe Biden and Donald Trump are the nominees. The Opinion writer and editor Katherine Miller has been reporting on a potential third option, and attended the first No Labels town hall in New Hampshire. In this audio short, Miller argues the group has failed to make the case that it holds a viable solution to voter unease.The political organization No Labels was created to support centrism and bipartisanship in American politics.Tom Williams/CQ Roll Call, via Associated PressThe Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram.This Times Opinion piece was produced by Jillian Weinberger. It was edited by Kaari Pitkin and Annie-Rose Strasser. Mixing by Carole Sabouraud. Original music by Pat McCusker and Carole Sabouraud. Fact-checking by Mary Marge Locker. Special thanks to Shannon Busta and Kristina Samulewski. More

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    We Underestimated Trump Before. It Didn’t Go Well.

    Sometimes, and much to our detriment, we find real events are simply too outlandish to take seriously.Many professional Republicans, for example, initially dismissed the movement to “Stop the Steal” as a ridiculous stunt.“What is the downside for humoring him for this little bit of time? No one seriously thinks the results will change,” an anonymous senior Republican official told The Washington Post a few days after Joe Biden claimed victory:He went golfing this weekend. It’s not like he’s plotting how to prevent Joe Biden from taking power on Jan. 20. He’s tweeting about filing some lawsuits, those lawsuits will fail, then he’ll tweet some more about how the election was stolen, and then he’ll leave.Republicans went ahead and humored the president, who then urged his followers to assault the Capitol and try to void the election results in his favor.Now, 10 months after the election, “Stop the Steal” is something like party orthodoxy, ideological fuel for a national effort to seize control of election administration and to purge those officials who secured the vote over Donald Trump’s demand to subvert it. Assuming that he is in good health, Trump will almost certainly run for president in 2024, and if he does, he’ll do so in a Republican Party pacified of any resistance to his will to power.The upshot is that we are on our way to another election crisis. Or, as the election law expert (and frequent New York Times contributor) Rick Hasen has written in a new paper on the risk of election subversion, “The United States faces a serious risk that the 2024 presidential election, and other future U.S. elections, will not be conducted fairly, and that the candidates taking office will not reflect the free choices made by eligible voters under previously announced election rules.”Despite the danger at hand, there doesn’t appear to be much urgency among congressional Democrats — or the remaining pro-democracy Republicans — to do anything. The Democratic majority in the House of Representatives has passed a new voting rights act aimed at the wave of restrictive new election laws from Republican state legislatures, and Democrats in the Senate have introduced a bill that would establish “protections to insulate nonpartisan state and local officials who administer federal elections from undue partisan interference or control.” But as long as the Senate filibuster is in place — and as long as key Democrats want to keep it in place — there is almost no chance that the Senate will end debate on the bill and bring it to the floor for a simple majority vote.It’s almost as if, to the people with the power to act, the prospect of a Trumpified Republican Party with the will to subvert the next presidential election and the power to do it is one of those events that just seems a little too out there. And far from provoking action, the sheer magnitude of what it would mean has induced a kind of passivity, a hope that we can solve the crisis without bringing real power to bear.It is here that I am reminded of a previous existential threat to American democracy and how one group of Americans struggled to accept the unthinkable even as it unfolded right before their eyes.On Nov. 6, 1860, Abraham Lincoln was elected president. The plurality popular vote winner in a four-way race — the Northern and Southern wings of the Democratic Party fielded separate candidates, Stephen A. Douglas and John C. Breckinridge, while conservative Southern unionists coalesced behind the Tennessee Senator John Bell under the Constitutional Union party — Lincoln won a solid majority of electoral votes, 180 out of a total of 303. But his was a sectional victory; not only did Lincoln not win a single Southern electoral vote, but in 10 of the 11 states that became the Confederacy there wasn’t even a Lincoln ballot to cast.The new Republican president was also a specifically Northern president, with a coalition united by its antislavery beliefs. “The country had committed itself electorally to a party which opposed slavery, at least to the extent of agreeing with Lincoln that the institution must ‘be placed in the course of ultimate extinction,’” the historian David M. Potter explains in “The Impending Crisis: America Before the Civil War, 1848 to 1861.”South Carolina, with its heavy concentration of enslaved people and deep-seated pro-slavery sentiment, took the first steps toward leaving the Union, passing a bill that set the date for a convention where elected delegates would debate secession. The speed of South Carolina’s action, Potter notes, “accelerated the tempo of the disunion movement in a decisive way.” In short order, the legislatures of Alabama, Mississippi, Louisiana and Florida announced similar conventions.Secessionists had momentum but, as the historian Russell McClintock writes in “Lincoln and the Decision for War: The Northern Response to Secession,” “Republicans showed no anxiety about disunion before the election and remarkably little after it.” Lincoln’s first concern, after celebrating his victory, was cabinet selection and the question of patronage since, as McClintock explains, “the individuals Lincoln chose as his advisers would strongly suggest which way he was leaning in his attitude toward the gathering storm in the South and would have great influence over his policy.”Republican-aligned newspapers were nonplused by events in the South. “South Carolina may fume and fulminate, and call conventions and pass resolutions till the crack of doom,” wrote one correspondent in The Chicago Tribune, but “up to this writing nobody is scared that we know of.”Similarly, wrote a like-minded Boston editor, “Almost the only topic of political interest just now, is the rumored insane attempt of a few hotheaded fanatics, to induce the people of a few slave states to secede from the American Union. There is in this nothing new, unexpected, or alarming.”After all, pro-slavery ideologues had threatened disunion in response to policy and political defeats for decades. If the South did not act before, why would it act now?In fact, many Republicans believed the South needed the Union to maintain slavery. In “The Republic in Crisis, 1848-1861,” the historian John Ashworth summarized the Republican view. “How would slave insurrections be put down without federal forces? How could the slaveholders secure the loyalty of the nonslaveholding whites in their own localities?” And, most important, “How could the slaveholders cater to the economic ambitions of the nonslaveholding whites, who because of the inadequacies of the slave system were denied any real economic opportunity?”In short, there was no way the slaveholding South could sustain itself on its own.There was also, for Republicans, the matter of sectional pride. In the past, threats of disunion were part of a Kabuki theater of negotiations. Here’s McClintock: “Southerners demanded political advantages, Northerners balked, Southerners threatened to secede, and Northern Democrats gave in and voted with the Southerners.” The Republicans who scoffed at this latest threat of secession were saying, in essence, that the North would no longer play this game. “Since this is not the first time such cries are heard — since, indeed, they have been long-sounding in our ears, so that their exact value is perfectly understood from the very beginning — there seems no longer excuse or apology for hearkening to them,” the staunchly antislavery Senator Charles Sumner of Massachusetts said. “They are to be treated as threats, and nothing more.”Unfortunately for Sumner and the Republicans, their confidence was misplaced. Yes, there were Southern unionists, and yes, there were serious political tensions within the seceding states. But the secessionists had the initiative, and within 90 days of Lincoln’s election they had, as Potter writes, “won ten legislative decisions to hold elections for state conventions, held seven such elections, gained majorities in each, assembled seven conventions, voted seven ordinances of secession, and also took the first steps toward formation of a southern confederacy.”When Republicans finally turned to face the crisis, in December, there were few options at hand. Lincoln would not take office for another three months, Congress had just come back into session, and the outgoing Buchanan administration was divided and in disarray, beset by resignations as some members — like Howell Cobb, of Georgia, the secretary of the Treasury — stood with their states and others stood with the Union.There was obviously no appetite, among Republicans, for disunion. There was also no appetite for compromise, even as a few lawmakers — led by John Crittenden of Kentucky, a Whig — tried to forge one last agreement to satisfy the sections and secure the Union. His proposal, a set of constitutional amendments and congressional resolutions, would have shielded slavery from federal power and congressional interference, reinstating the Missouri Compromise by writing it into the Constitution itself.Republicans were not interested. For the past decade, the Northern lawmakers had made concessions to the South. The Fugitive Slave Act of 1850 was one; Whig support for James Buchanan over the Republican John C. Fremont in the 1856 election was another. “From the standpoint of a sincere Unionist,” Potter writes, “there was something self-defeating about getting the Union temporarily past a crisis by making concessions which strengthened the disunionist faction and perpetuated the tendency toward periodic crises.”The only option left was confrontation, and when Lincoln finally took the reins of state on March 4, 1861, he made it clear that this was the path he would take. “I hold that in contemplation of universal law and of the Constitution the Union of these States is perpetual,” Lincoln famously said in his first inaugural address:Plainly, the central idea of secession is the essence of anarchy. A majority held in restraint by constitutional checks and limitations, and always changing easily with deliberate changes of popular opinions and sentiments, is the only true sovereign of a free people.I am not making a direct analogy between the Civil War era and current American politics. There is nothing, yet, that divides us as starkly as slavery did in the 1840s and 1850s. Nor is the crisis of democratic integrity as acute now as it was during the secession crisis. But the value of studying history is that we can see how previous generations of Americans faced the challenges of their time. No one knows, in the moment, how the story ends, and we can use that insight to try to understand the options available to our forebears as they lived through their present.Republicans had good reason to ignore threats of secession. But they also had reason to heed them. With Lincoln’s election, the slave-owning South had lost its almost total grip on federal power. Sectional tensions had never been stressed in this way before, and Southern panic was palpable. Republicans could not have stopped secession, but they might have been able to better prepare for whatever confrontation lay on the horizon.It is impossible to say where we stand in relation to our own crisis. Perhaps the worst is yet to come; perhaps we’ve already sailed through. Either way, we should secure our elections against whatever threat might materialize because if there is anything our history tells us, it’s that everything looks settled until one day it isn’t.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    Trump and the Republican Party's Cruel Logic

    Donald Trump has claimed credit for any number of things he benefited from but did not create, and the Republican Party’s reigning ideology is one of them: a politics of cruelty and exclusion that strategically exploits vulnerable Americans by portraying them as an existential threat, against whom acts of barbarism and disenfranchisement become not only justified but worthy of celebration. This approach has a long history in American politics. The most consistent threat to our democracy has always been the drive of some leaders to restrict its blessings to a select few.This is why Joe Biden beat Mr. Trump but has not vanquished Trumpism. Mr. Trump’s main innovation was showing Republicans how much they could get away with, from shattering migrant families and banning Muslim travelers to valorizing war crimes and denigrating African, Latino and Caribbean immigrants as being from “shithole countries.” Republicans have responded with zeal, even in the aftermath of his loss, with Republican-controlled legislatures targeting constituencies they identify either with Democrats or with the rapid cultural change that conservatives hope to arrest. The most significant for democracy, however, are the election laws designed to insulate Republican power from a diverse American majority that Republicans fear no longer supports them. The focus on Mr. Trump’s — admittedly shocking — idiosyncrasies has obscured the broader logic of this strategy.After more than a decade in which Barack Obama and Hillary Clinton provided fruitful targets for an audience fearful of cultural change, conservative media has struggled to turn the older white president who goes to Mass every Sunday into a compelling villain. Yet the apocalypse remains nigh, threatened by the presence of those Americans they consider unworthy of the name.On Fox News, hosts warn that Democrats want to “replace the current electorate” with “more obedient voters from the third world.” In outlets like National Review, columnists justify disenfranchisement of liberal constituencies on the grounds that “it would be far better if the franchise were not exercised by ignorant, civics-illiterate people.” Trumpist redoubts like the Claremont Institute publish hysterical jeremiads warning that “most people living in the United States today — certainly more than half — are not Americans in any meaningful sense of the term.”Under such an ideology, depriving certain Americans of their fundamental rights is not wrong but praiseworthy, because such people are usurpers.*The origin of this politics can arguably be found in the aftermath of the Civil War, when Radical Republicans sought to build a multiracial democracy from the ashes of the Confederacy. That effort was destroyed when white Southerners severed emancipated Black Americans from the franchise, eliminating the need to win their votes or respect their rights. The founders had embedded protections for slavery in the Constitution, but it was only after the abolition war, during what the historian Eric Foner calls the Second Founding, that nonracial citizenship became possible.The former Confederates had failed to build a slave empire, but they would not accept the demise of white man’s government. As the former Confederate general and subsequent six-term senator from Alabama John T. Morgan wrote in 1890, democratic sovereignty in America was conferred upon “qualified voters,” and Black men, whom he accused of “hatred and ill will toward their former owners,” did not qualify and were destroying democracy by their mere participation. Disenfranchising them, therefore, was not merely justified but an act of self-defense protecting democracy against “Negro domination.”In order to wield power as they wanted, without having to appeal to Black men for their votes, the Democratic Party and its paramilitary allies adopted a theory of liberty and democracy premised on exclusion. Such a politics must constantly maintain the ramparts between the despised and the elevated. This requires fresh acts of cruelty not only to remind everyone of their proper place but also to sustain the sense of impending doom that justifies these acts.As the historian C. Vann Woodward wrote, years after the end of Reconstruction, Southern Democrats engaged in “intensive propaganda of white supremacy, Negrophobia and race chauvinism” to purge Black men from politics forever, shattering emerging alliances between white and Black workers. This was ruthless opportunism, but it also forged a community defined by the color line and destroyed one that might have transcended it.The Radical Republicans believed the ballot would be the ultimate defense against white supremacy. The reverse was also true: Severed from that defense, Black voters were disarmed. Without Black votes at stake, the party of Lincoln was no longer motivated to defend Black rights.*Contemporary Republicans are far less violent and racist than the Democrats of the Reconstruction era and the Gilded Age. But they have nevertheless adopted the same political logic, that the victories of the rival party are illegitimate, wrought by fraud, coercion or the support of ignorant voters who are not truly American. It is no coincidence that Mr. Obama’s rise to power began with a lyrical tribute to all that red and blue states had in common and that Mr. Trump’s began with him saying Mr. Obama was born in Kenya.In this environment, cruelty — in the form of demonizing religious and ethnic minorities as terrorists, criminals and invaders — is an effective political tool for crushing one’s enemies as well as for cultivating a community that conceives of fellow citizens as a threat, resident foreigners attempting to supplant “real” Americans. For those who believe this, it is no violation of American or democratic principles to disenfranchise, marginalize and dispossess those who never should have had such rights to begin with, people you are convinced want to destroy you.Their conviction in this illegitimacy is intimately tied to the Democratic Party’s reliance on Black votes. As Mr. Trump announced in November, “Detroit and Philadelphia — known as two of the most corrupt political places anywhere in our country, easily — cannot be responsible for engineering the outcome of a presidential race.” The Republican Party maintains this conviction despite Mr. Trump’s meaningful gains among voters of color in 2020.Even as Republicans seek to engineer state and local election rules in their favor, they accuse the Democrats of attempting to rig elections by ensuring the ballot is protected. Senator Ted Cruz of Texas, who encouraged the mob that attacked the Capitol on Jan. 6 with his claims that the 2020 election had been stolen, tells brazen falsehoods proclaiming that voting rights measures will “register millions of illegal aliens to vote” and describes them as “Jim Crow 2.0.”But there are no Democratic proposals to disenfranchise Republicans. There are no plans to deny gun owners the ballot, to disenfranchise white men without a college education, to consolidate rural precincts to make them unreachable. This is not because Democrats or liberals are inherently less cruel. It is because parties reliant on diverse coalitions to wield power will seek to win votes rather than suppress them.These kinds of falsehoods cannot be contested on factual grounds because they represent ideological beliefs about who is American and who is not and therefore who can legitimately wield power. The current Democratic administration is as illegitimate to much of the Republican base as the Reconstruction governments were to Morgan.*This brand of white identity politics can be defeated. In the 1930s, a coalition of labor unions, urban liberals and Northern Black voters turned the Democratic Party from one of the nation’s oldest white supremacist political institutions — an incubator of terrorists and bandits, united by stunning acts of racist cruelty against Black Americans in the South — into the party of civil rights. This did not happen because Democratic Party leaders picked up tomes on racial justice, embraced jargon favored by liberal academics or were struck by divine light. It happened because an increasingly diverse constituency, one they were reliant on to wield power, forced them to.That realignment shattered the one-party system of the Jim Crow South and ushered in America’s fragile experiment in multiracial democracy since 1965. The lesson is that politicians change when their means of holding power change and even the most authoritarian political organization can become devoted to democracy if forced to.With their fragile governing trifecta, Democrats have a brief chance to make structural changes that would even the playing field and help push Republicans to reach beyond their hard-core base to wield power, like adding states to the union, repairing the holes the Supreme Court under Chief Justice John Roberts blew in the Voting Rights Act, preventing state governments from subverting election results and ending partisan control over redistricting. Legislation like the PRO Act would spur unionization and the cross-racial working-class solidarity that comes with it. Such reforms would make Republican efforts to restrict the electorate less appealing and effective and pressure the party to cease its radicalization against democracy.We know this can work because of the lessons of not only history but also the present: In states like Maryland and Massachusetts, where the politics of cruelty toward the usual targets of Trumpist vitriol would be self-sabotaging, Republican politicians choose a different path.The ultimate significance of the Trump era in American history is still being written. If Democrats fail to act in the face of Republican efforts to insulate their power from voters, they will find themselves attempting to compete for an unrepresentative slice of the electorate, leaving the vulnerable constituencies on whom they currently rely without effective representation and democratic means of self-defense that the ballot provides.As long as Republicans are able to maintain a system in which they can rely on the politics of white identity, as the Democratic Party once did, their politics will revolve around cruelty, rooted in attempts to legislate their opponents out of existence or to use the state to crush communities associated with them. Americans will always have strong disagreements about matters such as the role of the state, the correct approach to immigration and the place of religion in public life. But the only way to diminish the politics of cruelty is to make them less rewarding.Adam Serwer (@AdamSerwer) is a staff writer at The Atlantic and the author of the forthcoming “The Cruelty Is the Point: The Past, Present and Future of Trump’s America.”The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    The Bogusness of Anti-Impeachment Republicans

    AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyThe Bogusness of Anti-Impeachment RepublicansSuddenly they like “unity” and fear “divisiveness.” Where was that spirit when election results were being counted?Opinion ColumnistJan. 12, 2021, 5:00 a.m. ETPolice caution tape blocking a stairwell inside the U.S Capitol Building on Jan. 9.Credit…Anna Moneymaker for The New York TimesThe Republican Party has devised its response to the push to impeach the president over his role in the attack on the Capitol last week, and it is so cynical as to shock the conscience.“Now the Democrats are going to try to remove the president from office just seven days before he is set to leave anyway,” said Representative Jim Jordan of Ohio, who voted with 146 other Republicans in Congress not to accept the results of the 2020 presidential election. “I do not see how this unifies the country.”The House minority leader, Kevin McCarthy, also said that impeaching the president “will only divide our country more.”“As leaders, we must call on our better angels and refocus our efforts on working directly for the American people,” McCarthy said in a statement given two days after he also voted not to accept the results of a free and fair election in which his favored candidate lost.Senator Ted Cruz of Texas helped lead the Senate attempt to object to Joe Biden’s victory. “My view is Congress should fulfill our responsibility under the Constitution to consider serious claims of voter fraud,” he said last Monday. Now, he too wants unity. “The attack at the Capitol was a despicable act of terrorism and a shocking assault on our democratic system,” he said in the aftermath of the violence, as calls to impeach the president grew louder and louder. “We must come together and put this anger and division behind us.”I’m reminded, here, of one particular passage from Abraham Lincoln’s 1860 address at Cooper Union in Manhattan, in which he criticized the political brinkmanship of Southern elites who blamed their Northern opponents for their own threats to break the union over slavery.But you will not abide the election of a Republican president! In that supposed event, you say, you will destroy the Union; and then, you say, the great crime of having destroyed it will be upon us! That is cool. A highwayman holds a pistol to my ear, and mutters through his teeth, “Stand and deliver, or I shall kill you, and then you will be a murderer!”There are a handful of Senate Republicans, like Pat Toomey of Pennsylvania, who are open to impeachment. But much of the Republican response is exactly this kind of threat: If you hold President Trump accountable for his actions, then we won’t help you unify the country.Or, as another Republican, Representative Kevin Brady of Texas, said on Twitter,Those calling for impeachment or invoking the 25th Amendment in response to President Trump’s rhetoric this week are themselves engaging in intemperate and inflammatory language and calling for action that is equally irresponsible and could well incite further violence.These cries of divisiveness aren’t just the crocodile tears of bad-faith actors. They serve a purpose, which is to pre-emptively blame Democrats for the Republican partisan rancor that will follow after Joe Biden is inaugurated next week. It is another way of saying that they, meaning Democrats, shot first, so we, meaning Republicans, are absolved of any responsibility for our actions. If Democrats want some semblance of normalcy — if they want to be able to govern — then the price for Republicans is impunity for Trump.House Democrats have already introduced their resolution to impeach the president, formally charging President Trump with “incitement of insurrection” for his role in the attack on the Capitol. There is still a ways to go in this process, but it is a stronger start than I expected. But there may still be some hesitation about taking the most aggressive stance, as evidenced by Majority Whip James Clyburn’s proposal to hold off on a trial until after the first 100 days of the Biden administration.This would be a mistake.There is no way past this crisis — and yes, we are living through a crisis — except through it. The best way to push forward is as aggressively as possible. Anything less sends the signal that this moment isn’t as urgent as it actually is. And as we move closer to consequences for those responsible, we should continue to ignore the cries that accountability is “divisive.” Not because they’re false, but because they’re true.Accountability is divisive. That’s the point. If there is a faction of the Republican Party that sees democracy itself as a threat to its power and influence, then it has to be cut off from the body politic. It needs to be divided from the rest of us, lest it threaten the integrity of the American republic more than it already has. Marginalizing that faction — casting Trump and Trumpism into the ash heap of history — will be divisive, but it is the only choice we have.This does not mean we must cast out the 74 million Americans who voted for the president, but it does mean we must repudiate the lies, cruelty and cult of personality on which Trump built his movement. It means Republicans have to acknowledge the truth — that Joe Biden won in a free and fair election — and apologize to their voters and to the country for helping to stoke the madness that struck at the Capitol.The alternative is a false unity that leaves the wound of last Wednesday to fester until the infection gets even worse than it already is.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram.AdvertisementContinue reading the main story More