When Losing starts to mean winning, we lose

Democracy is always an approximation. The countries we describe as being democratic have systems that exclude some voters, make it hard to participate in one way or the other, and are otherwise imperfect. That’s to be expected. We don’t aspire to imperfection, of course. In many countries, people try to do the best they can with what they’ve got. In France, it’s the fifth republic. In Britain, constitutional monarchy. And right here, we have the U.S. constitution – penned by rich white men, for rich white men.

During the Bush administration, people around the president were fond of saying that the the constitution isn’t a straitjacket. (Of course, they were mouthing those words in defense of torture.) Still, we are kind of locked into certain interpretations of it, and as such remain firmly under minority rule – just as the founding fathers envisioned it. I know others have said this, but apart from 2004, the insurrectionist party (formerly called the Republicans) lost the popular vote in every presidential race since George Herbert Walker Bush was elected in 1988. And yet they “won” 3 out of those seven races. Minority rule.

Narrowing the halls of justice

It goes beyond just the raw numbers of presidential terms served. Republican presidents have had far greater consequence than their Democratic counterparts over this period. Nowhere is this truer than with respect to the Supreme Court. Between Bush Jr.’s two terms and Trump’s term, they have appointed five of the sitting justices – Democrats only three. And we are seeing the results in the form of more and more draconian decisions being handed down by a court majority that is openly contemptuous of the public will.

We are being forced, as a nation, to accept an extremist view of abortion, gun rights, regulatory agencies, and others things. The Supreme Court is like our version of the Supreme Islamic Council in Iran or the old Soviet Politburo. But really, more like the former – they tell us what laws will stand, which will not. They tell us who is a person with full rights and who isn’t. They are aggressively unelected and unconcerned with prevailing sentiments. And there really isn’t much of anything we can do except wait for their next decision. Sure, we can push for court expansion and other reforms, but we have to do so within the constraints their decisions establish, and there are many.

More election drama

With the fall elections approaching, one wonders if the results will be broadly recognized. You can bet that, wherever Republicans do badly, there will be challenges, particularly in states with GOP dominated legislatures and GOP governors. I would like to think that people on the leftward side will take this election seriously and show up in unprecedented numbers, but we shall see. The pro abortion rights vote in Kansas certainly came as a surprise, especially since the ballot measure was designed to be confusing as hell. But even with a massively lopsided majority, Republicans are forcing a recount.

This is what we can expect. We have to be willing to fight back, non-violently (though I understand the need for self defense in oppressed communities). Honestly, we have to get this right. Allowing them to continue to claim victory whether or not they win races is just a recipe for authoritarianism. We know where they want to go – they keep telling us. Viktor Orban is the model they prefer. We need to believe them when they tell us who they are.

Keeping your options open

I would admonish you to vote, but I’ve done that before and look where it’s gotten us. Suffice to say that I am voting, and I encourage you to do the same (and to encourage others to do the same). If only to keep the option to vote open for the years ahead.

luv u,

jp

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