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OP-ED: American renewal can cure a sick democracy

By Gary Stout 5 min read
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Gary Stout

This year has surrounded us in political irony. With the celebration of the 250th anniversary of the signing of the Declaration of Independence, communities are seeking to highlight our foundation story. On a parallel path, Democrats are calling on voters to limit the damage to the nation’s core constitutional values in the midterm elections. Democrats hope to ring-fence Donald Trump’s self-serving, authoritarian policies by taking control of at least one body of Congress this November.

To focus on how the declaration can help us return to what is important, consider President Calvin Coolidge’s remarks at the 150th anniversary of the signing. He called upon America “to affirm and reestablish those old theories and principles which time has demonstrated to be sound.”

Bill Clinton, at his first inaugural address, on Jan. 20, 1993, began his remarks, “Today we celebrate the mystery of American renewal… From our revolution, the Civil War, to the Great Depression, to the Civil Rights movement, our people have always mustered the determination to construct from these crises the pillars of our history.”

The most quoted passage from his speech was “There is nothing wrong with America that cannot be cured by what is right with America.” In retrospect, this thought was something of a prophecy. Quite a few things turned right with America during Clinton’s two-term presidency. The U.S. experienced a long stretch of peace, low unemployment, minimal inflation, and even a budget surplus.

What are we celebrating that is right about America? Can Trumpism be cured by an American renewal?

The first democratic elections in the modern era took place from December 1788 through January 1789. George Washinton was elected the nation’s first president. Political parties were not yet established, and Washington won a unanimous vote in the electoral college.

Washington left the presidency in March 1797 after serving two terms. While Washington had originally been a unifying figure, his second term saw the emergence of two political parties with different visions on fundamental policies (the Federalists and the Democratic-Republicans). This development would mark the beginning of America’s two-party system.

Washington had the foresight to establish a new precedent for acting heads of state. The American presidency would not be a lifetime appointment. Moreover, American democracy would establish the tradition of the peaceful transfer of power.

Many historians believe that the first true test of American democracy came in 1800. In this presidential election year, Thomas Jefferson defeated incumbent John Adams. This marked the first time in modern history that power was transferred from one opposing political party to another through the electorate.

To understand the significance of these events, consider how the transfer of power was taking place in the rest of the world. Most Western nations were monarchies where power transferred through hereditary succession. When the hereditary line failed, power shifted through violence. The general populace had no say in who governed them.

American democracy was truly revolutionary. Over the course of 250 years, a representative form of government produced democratic principles and institutions that were the envy of the world.

What damage can be repaired by an American Renewal? Since Trump came to power, many have been appalled as the president systematically dismantled important cornerstones of the nation’s original democratic principles. The good news is, as has happened before in times of crisis, Trump has exposed the weak links. New elections and subsequent legislation can reverse and repair much of the damage.

Legal and constitutional scholars have been hard at work drafting reform initiatives to jump start the American renewal. In the new book, “Liar’s Kingdom: How to Stop Trump’s Deceit and Save America,” former special counsel Andrew Weissman argues that lying by elected officials can be criminalized by legislative revisions. He points to laws implemented in France, Germany, England, and Brazil where Trump’s lying would be a crime.

Experts have pointed out that Congress can use its authority under Article I, Section 4 of the U.S. Constitution to set reform election rules in times of crisis. Issues like gerrymandering, seizing ballots, limiting who can receive a ballot, and Trump’s cancellation of funds to provide security for election officials can be addressed.

A revived Congress can stop abuses of presidential power, using its constitutional authority. The most tools include overriding presidential vetoes and utilizing the power of the purse to defund controversial policies. Congress can enact laws that set guardrails on executive or administrative action. Congress can terminate a president’s unilateral declaration of a national emergency and/or “military operations.” It can pass legislation to directly overturn specific rules finalized by Trump’s executive orders, agencies, or departments under his control.

In 2028, if a Democrat is elected president, everything changes. Simply by signing new executive orders, Trump’s egregious policies on immigration, DEI, foreign policy, and administrative directives can be reversed.

It is disheartening that serious damage has been wrought on American democracy. But elections matter. Concerned citizens should stop complaining and join Democrats to elect reform candidates that will begin the renewal.

Gary Stout is a Washington attorney.

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