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And yet, as he was elected by the people, we need no revolution to overthrow him. What we must do is reclaim democracy for the common good and put back together what the MAGA movement has smashed.
Donald Trump seems to think he is a king.
On June 14, I joined with citizens across the country to loudly declare “No Kings!
At the same time, Trump is not a king. For while he inherited great wealth, he did not inherit the political power he now wields with such cruelty and contempt for the law.
Trump, alas, is the elected President of the United States.
Well over 77 million citizens voted for him, after experiencing his Covid response, his two impeachments, his civil and criminal convictions, and his failed administration. After all that, those millions of our fellow citizens elected him to the highest office in the country for a second time.
As we celebrate this July 4, it is important to emphasize the ways that Trump’s presidency stands as an affront and a danger to those core values of the Declaration that have long animated democratic struggles...
Trump is indeed much more dangerous than any monarch, precisely because he was elected after a multi-year campaign (kings do not campaign) that consisted of angry rhetoric and violent incitement and very clear promises to do exactly what he is now doing, a campaign that generated substantial popular support and even enthusiasm. There is something paradoxical about this: claiming to represent “We the People,” Trump is laying waste to the foundations of the very constitutional democracy that authorizes his power—much like dictators of the past, including Mussolini and Hitler, did a century ago, and Viktor Orban and Recep Tayyip Erdoğan do today.
The U.S. was not a constitutional democracy in 1776. But it became one, over time, because of the struggles of social movements that regarded the Declaration of Independence as “a charter of liberty” and sought to make real its promise—to secure human rights for all, and a government legitimated by popular consent. A nation, as Lincoln famously put it, “dedicated to the proposition that all men are created equal,” and challenged to sustain “government of the people, by the people, and for the people.”
As we celebrate this July 4, it is important to emphasize the ways that Trump’s presidency stands as an affront and a danger to those core values of the Declaration that have long animated democratic struggles—which makes it all the more galling that he continues to insist that he, along with his recently reinstated “1776 Commission,” is its chief defender.
The rhetoric of popular revolt or revolution is misleading precisely because Trump is a democratically elected president and is neither a king nor a dictator—at least not yet.
On June 14, I nodded approvingly as I heard fellow demonstrators rightly invoke the liberatory rhetoric of the Declaration’s Preamble. But I blanched when this line was loudly repeated as a call to action: “whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its Foundation on such Principles, and organizing its Powers in such Form, as to them shall seem most likely to effect their Safety and Happiness.”
I bow to no one in my opposition to Trump, and I truly want to see him gone as soon as possible. Given his administration’s rapid-fire assaults on liberal democracy, I fully appreciate the mobilizational power of those “No Kings” appeals to the rhetoric of popular revolt. And it must be stated: those who embrace this rhetoric do so only rhetorically; it is not anywhere accompanied by incitements to violence or calls to insurrection.
At the same time, the rhetoric of popular revolt or revolution is misleading precisely because Trump is a democratically elected president and is neither a king nor a dictator—at least not yet. Trump is what historians call a “conservative revolutionary.” Seeking to destroy the progressive achievements of past decades, and to restore a mythic lost “greatness,” it is he who seeks to alter or abolish the current political system, and it is we who must prevent him from succeeding, by defending constitutional democracy, whatever its deficiencies.
Recall that the January 6, 2021 insurrection was justified as a second American Revolution. On that morning, MAGA Congresswoman Lauren Boebert ttweeted “Today is 1776.” Congressman Jody Hice followed a few hours later, tweeting “this is our 1776 moment.” The rallying cry was heard. And, led by Proud Boys and Three Percenters cosplaying the Minutemen of Lexington and Concord, the “patriotic” mob descended upon the Capitol, doing their part to prevent “Biden the Usurper” from becoming president. Days later, the Philadelphia Inquirer profiled Jim Sinclair, a 38-year-old home restoration contractor from Bensalem, Pennsylvania, who traveled to Washington to participate in the “Stop the Steal” march. “Freedom!!!!!!!” Sinclair posted on Facebook. “It’s 1776, the American people have ears and eyes,” he declared. “We will not accept this fraudulent election.” Politico reported that online social media traffic among extremists in the lead-up to the insurrection frequently alluded to the precedent of 1776.
This is the rhetoric of civil war. And it attacks the fundamental premise of our constitutional democracy—the legitimacy of political contestation.
Also recall that the highbrow conservative luminaries from Hillsdale College and the Claremont Institute who comprised Trump’s “1776 Commission” and revere “The Founding Fathers” either directly supported this insurrection or gave it intellectual cover. The “Stop the Steal” movement that powered Trump’s 2024 victory frequently invoked the “spirit of ’76.” Claiming to represent a “resistance” to the supposedly “totalitarian Biden regime,” MAGA ideologues were quite amenable to extra-legal action in the service of “regime change,” in the event that “the Democrat Party” succeeded in 2024. If you doubt this, take a look at Claremont Institute Fellow Kevin Slack’s 2023 book War on the American Republic: How Liberalism Became Despotism, which floats the idea of a new—and very much armed—American Revolution. Discussing the book in The American Mind, a MAGA journal, Claremont fellow Glenn Ellmers dispassionately discusses “Revolutionary Necessity,” quoting Jefferson on “prudence” and gently urging caution because “the regime” would love to crush a revolution, and “one should embark on a revolution only when there is a reasonable expectation, and plan for, a better arrangement.” In other words, you need to really be sure you can succeed before you try to overthrow the “despotism” of liberal democracy.
This is the rhetoric of civil war. And it attacks the fundamental premise of our constitutional democracy—the legitimacy of political contestation. Trump won the 2024 election. And so, instead of taking to the streets—as they might have done had Trump lost—MAGA ideologues, armed with their own revolutionary manifesto, Project 2025, have taken control of the Executive Branch of the federal government. And they are using it to wage war on legal institutions, universities, immigrants both documented and undocumented, sexual minorities, and political critics of all kinds.
This July Fourth, we ought to recall heroes and heroines of the past—Elizabeth Cady Stanton, Frederick Douglass, Eugene V. Debs, Martin Luther King, Jr., and others—who led the fight to realize a robustly democratic vision of the Declaration. And then, using the hard-won civil and political liberties still at our disposal, we ought to rededicate ourselves to winning back political power democratically, so that, in the words of Lincoln, “government of, by, and for the people shall not perish from the earth.” For if the MAGA agenda succeeds, we can say goodbye to civil rights, civil liberties, and democracy itself. It would be a cruel irony indeed if future July 4 celebrations were to become celebrations of the MAGA illiberalism that warms Donald Trump’s shriveled heart.
In 2020, the election deniers were improvisational and slapdash; now they are systematic, organized, and well funded.
How precisely will election deniers try to undermine the results in 2024? Will we see a rerun of 2020’s parade of falsehoods—rigged voting machines, USB drives masquerading as breath mints, and bamboo-laced ballots from China? Or will they premiere some new tricks this election season? One answer has come into sharper focus in recent weeks. Will our system be ready? That remains to be seen.
We all learned in 2020 that we do not have one election, or even 50 state elections. Decisions are made by hundreds of county boards and officials. Usually that is routine. Just after voting takes place, poll workers and local election officials begin a rigorous, multistep process to accurately determine the results. This is all “ministerial.” Two plus two equals four. We have a winner! The voters vote, the results are tabulated, you affirm the numbers, and you go home.
All of which points to Georgia, where alarms are ringing. Rogue officials there are already preparing the ground to ignore voters in November.
Election deniers have quietly infiltrated county boards across the country. In Nevada, one official in the state’s second-largest county recently refused to certify her own election. Stop the steal!
You may remember former U.S. President Donald Trump’s rally at Georgia State University on August 3. That was the speech in which he attacked Republican Gov. Brian Kemp, Secretary of State Brad Raffensperger, and, for good measure, Kemp’s wife. What was noteworthy, though, was the fellow Republicans he praised. He lauded three newly appointed members of the state election board. “They’re on fire. They are doing a great job,” he declared.
Three days later we learned why he was so effusive. The state officials announced a new rule to require county officials across Georgia to conduct a “reasonable inquiry” before they can certify results.
That is a permission slip for subversion. In May, a board member who oversees elections in Fulton County—home of Atlanta, the biggest Black-majority city in the state—refused to certify a primary result, and to press her case, she sued her own election board. It turned out she is an organizer for Cleta Mitchell, a participant in Trump’s notorious “I just want to find 11,780 votes” phone call to Raffensperger in January 2021.
Indeed, election deniers have quietly infiltrated county boards across the country. In Nevada, one official in the state’s second-largest county recently refused to certify her own election. Stop the steal!
Even before the new Georgia rule went into effect, the Brennan Center and other voting rights groups went to court to support advocates working to protect the vote in Fulton County. We represent the Georgia NAACP and the League of Women Voters of Georgia.
That’s the thing: When a county official refuses to certify the votes because of... vibes, it’s not just antidemocratic. It’s unlawful. The Georgia Supreme Court has repeatedly ruled that local officials don’t have a choice.
And for good reason. In the rough-and-tumble early years of our republic, elections were messy, and it was not uncommon for rogue local officials to interfere with certification to benefit their preferred candidate. Early American state courts and legislatures took notice. As my colleague Lauren Miller Karalunas explains in a widely cited law review article, they shaped election certification into a mandatory duty precisely so that officials like those in Fulton County couldn’t take election results into their own hands. In the prescient words of the Oklahoma Supreme Court in 1909, allowing local certifying officials to reopen election returns and investigate the election itself “would afford temptation and great opportunity for the commission of fraud.”
In 2020, the election deniers were improvisational and slapdash. Now they are systematic, organized, and well funded. Trump already falsely claims that millions of noncitizens are preparing to vote. House Speaker Mike Johnson (R-La.) asserts that “we all know, intuitively, that a lot of illegals are voting in federal elections. But,” he admits, “it’s not been something that is easily provable.” The House passed legislation purportedly cracking down on the nonexistent plague of noncitizen voting. All of this creates an atmosphere of suspicion and panic—the very vibes that can be exploited by unscrupulous officials to delay certification and derail the vote.
At his Georgia State rally, Trump praised the election officials as “pit bulls” who sought “victory.” It will be up to courts to stand up for something other than “victory”—democracy, fairness, and the rule of law.
"Every single minute matters," said the Democratic congresswoman, "and we have to use our power when we have it."
Urging Democratic lawmakers to use the power they currently hold in the U.S. Senate, Rep. Alexandria Ocasio-Cortez on Wednesday night called on party leaders in the upper chamber to launch immediate investigations into the insurrection-linked flags that were seen flying outside Supreme Court Justice Samuel Alito's homes.
Hours after The New York Times reported that last year, an "Appeal to Heaven" flag associated with the baseless claim that President Joe Biden stole the 2020 election from former President Donald Trump had been displayed at Alito's beach house, the New York Democrat appeared on "All In with Chris Hayes" on MSNBC and said the party must waste no time in holding Alito accountable.
"What we are seeing here is an extraordinary breach of not just the trust and the stature of the Supreme Court, but we are seeing a fundamental challenge to our democracy," Ocasio-Cortez said.
The flag, which was carried by pro-Trump rioters who attempted to stop the 2020 election from being certified on January 6, 2021, reportedly flew in July and September 2023 at Alito's beach house in New Jersey—around the time that a case regarding whether January 6 insurrectionists could be charged with obstruction arrived at the Supreme Court.
Last week, it was revealed that an upside down American flag—another historic symbol adopted by right-wing insurrectionists and "Stop the Steal" supporters—was flown at Alito's home near Washington, D.C. The justice claimed the flag was displayed by his wife during a dispute with a neighbor.
Legal experts and Democrats in Congress have repeatedly called on both Alito and Justice Clarence Thomas to recuse themselves from certain cases due to conflicts of interest following reports of luxury travel and gifts they received from right-wing operatives. Advocates have demanded Thomas' recusal from cases centering on Trump and January 6 defendants, considering his wife's support for efforts to overturn the 2020 election in Trump's favor.
Now, critics are demanding Alito's recusal from the obstruction case and one regarding Trump's claim that he has immunity in his federal election interference case, both of which the court is expected to rule on in the coming weeks.
Ocasio-Cortez on Wednesday night said Democrats on the Senate Judiciary Committee should use their current majority to subpoena Alito and demand answers about his affinity for symbols embraced by groups that sought to overturn the 2020 election.
“I don't even think that we have to wait until we have a Democratic House majority because we have a Democratic Senate majority,” she said. "Samuel Alito has identified himself with the same people who raided the Capitol on January 6 and is now going to be presiding over court cases that have deep implications over the participants in that rally. And while this is a threat to our democracy, Democrats have a responsibility for defending our democracy."
"There should be subpoenas going out. There should be active investigations that are happening," she said, adding that Democrats cannot take "for granted" that they will be able to take action after the November elections, after which Republicans could take power.
"Every single minute matters," she said, "and we have to use our power when we have it."