Marshall’s Faith in the Rule of Law, and Snyder’s Guide to Resisting the Erosion of Democracy

Since my ramble last week about the different ways in which Donald Trump could break America, I have been drawn to articles which seem to be saying the same thing, only better.

Ian Millhiser’s piece ‘Democrats will botch The resistance against Trump‘ is an good example. He catalogues the ways in which democracy itself might be undermined by a president and a ruling party intent on consolidating their power. Millhiser also notes the terrible conundrum liberals face, which is that ahrence to the Rule of Law can often award power to those who are eager to undermine the Rule of Law!

We have brought a sheet of parchment and a set of abstract principles to a knife fight. We’re going to get cut.

The pedant in me wants to point out that it’s also possible to get cut by paper… but the point is important.  The article also cites the example of Thurgood Marshall, the first black justice appointed to the Supreme Court of the United States, who made the point that adherence to rules is crucial.

Justice Marshall taught Kagan that “it was the very existence of rules — along with the judiciary’s felt obligation to adhere to them — that best protected unpopular parties.” A liberal who casts aside the rule of law today because the cause seems just will have no ground to stand on tomorrow when the strong arm of the state is brought to bear against them.

Millhiser also links to an important post by historian Timothy Snyder, setting out a 20-point guide to defending democracy against a Trump presidency.  The list sets out the ways in which democracy can be eroded and how dictators gather power to themselves. More importantly, it also offers ways to resist.  We need to be mindful of the way politicians try to bend language and redefine what words mean (see, for example, how Republicans will try to claim a ‘mandate’ when they have none). And we should be particularly savvy and calm when some kind of terrorist atrocity occurs, as one inevitably will. 

Those in the legal profession and in law enforcement have a particular rôle to play.  Judges, lawyers and gun-carrying police officers need a strong sense of professional ethics and have faith in those principles.  

One practical thing the rest of we can and should do now is to draw attention to the different kinds of Every Day Resistance that Snyder suggests. A large part of the task is a mental one: refusing to buy in to the framing that powerful people seek to impose on any given situation.  It is a also a challenge of communication: using the platforms at our disposal to push back against shoddy thinking in the media and against the lazy non sequuntur of those in power, even if the stakes seem relatively small (that’s something I try to do with this blog).  Happily, modern technology has made us well equipped to do this.  There has been much chat recently about how social media puts us inside an opinion ‘bubble’, but remain optimistic that it can also fortify us against the mental trickery that demagogues and propagandists would play upon us, and embolden everyone to resist at moments when they must. 

Public Inquries Are Not An ‘Outrage’, They Are A Democratic Tool That Make Us Safer

The Sun is outraged that army killings in Northern Ireland will be reinvestigated. Soldiers who killed during the ‘Troubles’ will be considered as manslaughter suspects in a new inquiry, report Tom Newton-Dunn and Matt Wilkinson.

The report contrasts the “brave” servicemen with the IRA terrorists who were killed, or in some cases, received a pardon. The newspaper says this is a “witch hunt”.

This re-tread over old ground is down to the trust, or lack of it, that the the people have in the Government. We now know that the police and security services colluded in UVF the murder of Catholics in Ireland as late as 1994. Such actions were in themselves a hideous human rights abuse and a betrayal of a Government’s core duty to protect its citizens. But it also eroded the trust that any Government needs to operate effectively in matters of security. Continue reading “Public Inquries Are Not An ‘Outrage’, They Are A Democratic Tool That Make Us Safer”

Trying To Taxonomize Trump’s Terribleness

Some of his flaws are a threat to the people, and some of his flaws are a threat to the Republic. Americans must learn to tell the difference.

As even his supporters and those who voted for him know, President-Elect Donald Trump has many flaws. The election is still a recent event, and so we still consider each of these flaws as reasons why someone might decline to vote for him. Everything is mentally catalogued simply as Reasons Why He Should Not Be President.

However, now he is going to be president (I don’t think the recounts will stop this from happening) I think it is worth sketching out a slightly better taxonomy of the Terrible Things About Trump, because the different types of awfulness and wrong-doing he exhibits have different implications for politics and the country. America is the oldest modern democracy and the exemplar for the rest of the world, so what happens in the USA concerns the rest of the planet too. Continue reading “Trying To Taxonomize Trump’s Terribleness”

A Better Debate About No Platform? My Speech At the Leeds Beckett Festival of Politics and International Relations

Free speech advocates need to acknowledge that our approach asks people to lay their identities on the table for dissection. If people balk at that suggestion, our response should not be to call them ‘thin skinned special snowflakes’

This is an edited transcript of my speech to the Leeds Beckett Festival of Politics and International Relations Festival, delivered on 15th November 2016.  This first appeared on the Leeds Beckett University Politics and Applied Global Ethics (PAGE) blog.  You can listen to the unalloyed version of the speech on SoundCloud or via the player below.

Some Arguments Against No Platform

I want to first set out my views on No Platform policies. In short, I think they’re bad for free speech and they’re bad for the people they seek to protect.

The idea of No Platform is that it seeks to avoid giving someone the credibility of speaking at a prestigious institution. Those who call for No Platform claim it is not a form of censorship, because the person is subjected to the No Platform rule can always take their words elsewhere. Moreover (they say), legal protections for free speech relate to the government, and since the government is not involved in choosing who speaks at a university there is no real issue. Why can’t we choose who does and does not speak on our campus? Continue reading “A Better Debate About No Platform? My Speech At the Leeds Beckett Festival of Politics and International Relations”

Empathising With Trump Voters

What, I wonder, does true Red State literature look like?

On 9th November, the morning after the U.S. Presidential election, my friend Mark posted this to Facebook.

This morning makes me understand what it must feel like for those people who look at the political landscape, look at the establishment, look at the leader and say, ‘I don’t recognise this; it doesn’t speak to me; it doesn’t represent my situation. It doesn’t represent anyone I know.’ It’s a feeling of despair and dislocation. It’s the same feeling that makes people crave something different. Choose anything that’s different. Even a man like Donald Trump.

In the week since the election there have been thousands of op-eds and ‘hot-takes’ published on why Trump won the electoral college and the mindset of his voters.  But surprisingly, I have not seen this particular sentiment—empathising directly with how such people are feeling—anywhere else.  At least, not expressed so clearly. Continue reading “Empathising With Trump Voters”

Brexit Plus Plus? Here’s What Happen’s Next, America

Americans would do well to remember that the surprise ‘Leave’ vote in the UK on 23 June was not the culmination of a chaotic political period, but the beginning of one.

The day before the U.S. presidential election, Donald Trump declared that the result would be poll-defying “Brexit Plus Plus” election upset.

He was sort of right, in that he pulled off a surprise electoral college victory (although, since Hillary Clinton won the popular vote Mr Trump’s ‘plus plus’ suffix might be said to be inaccurate).

Americans would do well to remember that the surprise ‘Leave’ vote in the UK on 23 June was not the culmination of a chaotic political period, but the beginning of one.   Continue reading “Brexit Plus Plus? Here’s What Happen’s Next, America”

The Disgraceful Behaviour of the Senate on the Supreme Court Opening

The incredible gravity of the U.S. Presidential election pulled all of our attention towards Donald Trump and his scandalous behaviour.  His unexpected victory will have us reeling for weeks to come. His forthcoming presidency will probably be a permenant distraction. Just as his presidential primary rivals failed to get their message across, so other pressing issues will surely be crowded out by a general obsession and fascination with Mr Trump.

Here is one such issue that has not received the attention it deserves: the Republican-controlled Senate’s refusal to confirm, or even hold hearings on Merrick Garland, President Barack Obama’s choice for the United States Supreme Court.
Continue reading “The Disgraceful Behaviour of the Senate on the Supreme Court Opening”

Clinton Will Probably Win The Popular Vote. What Should That Tell Us?

It is a symbolic victory, but still important

This morning I’ve kept my eye on a particular part of a particular web page: the New York Times popular voite forecast.  As I type, it is showing a narrow win for Hillary Clinton, and she is ahead in actual reported votes by 0.1%, which is about 135,000 votes out of 118 million cast.

popular vote margin
The New York Time projection of the popular vote margin, as of 9 November 2016, 13:20 UTC

Remember that there are about 241 million people of voting age in the USA, and 59 million of them voted for Donald Trump.  That means that less than a quarter of all Americans pro-actively voted for someone with insular and openly racist policies and a demonstrably sexist character. Continue reading “Clinton Will Probably Win The Popular Vote. What Should That Tell Us?”

I Admire the American Political System

Recent events elsewhere in the world have made me particularly appreciate the American system.

The 2016 US Election has been, as they would say, a ‘dumpster fire’.  The media have graded one candidate on a curve, and the discussion has been almost entirely about personalities. There does not appear to have been any sustained news cycle dedicated to policy.  Indeed, even the discussion of actual policies in the debates was atrocious.

It’s clear that the country is incredibly polarised. Nevertheless, I still admire the American political system.

One silver-lining of the Trump candidacy is that there has been plenty of discussion about the US system. I don’t mean admiration for the electoral college (although I’ve heard some good arguments for its retention recently) but more simply and fundamentally, the fact that everything is subordinate to the Rule of Law, and a Constitution which places and incredibly strong emphasis of individual rights and protections against government over-reach.

This may seem like a statement of the obvious, but recent events elsewhere in the world have made me particularly appreciate the American approach.
Continue reading “I Admire the American Political System”

Religious Doctrine and the Internet

If a religious tradition wants to evolve, it may also need to forget

Kwame Anthony Appiah’s series of Reith Lectures is called ‘Mistaken Identities‘.  I really enjoyed listening to the first lecture on ‘Creed‘ and am looking forward to the rest: ‘Country’, ‘Colour’ and ‘Culture’.

In the first lecture, Appiah walked us through the idea that religious practices and doctrines are far more fluid and open to interpretation and change, than the fundamentalists would have us believe.  This is a good thing in my view, as it offers hope that illiberal ideas spread under the guise of religion can eventually be abandoned.

But I found myself wondering whether the Internet and digital technology may actually stifle that process. Continue reading “Religious Doctrine and the Internet”