Michael Klarman is the Kirkland & Ellis Professor at Harvard Law School and the author of The Framers’ Coup: The Making of the United States Constitution. (See our Author’s Corners interview with Klarman here).
Check out his piece at Process: “Trump, Democracy, and the Constitution.”
Here is a taste:
At the Philadelphia Convention of 1787, Elbridge Gerry, a delegate from Massachusetts, warned against too much democracy. The people, he stated, were “the dupes of pretended patriots” and were “daily misled into the most baneful measures and opinions by the false reports circulated by designing men.” Two hundred and thirty years later, Gerry’s concerns—which most of the framers shared—were vindicated: the American people elected a president who disdains basic tenets of democracy.
Democracy depends on norms, some written into the Constitution, others implicit in it. Donald Trump regularly disparages or repudiates at least ten of these norms: (1) an independent judiciary; (2) the freedom of the press; (3) the presence and function of independent actors within government; (4) the peaceful resolution of political disputes rather than the encouragement of violence; (5) the acknowledgment of the legitimacy of election results and recognition of the sanctity of the right to vote; (6) a refusal to threaten legal prosecution against political opponents; (7) the condemnation of brutal foreign dictators; (8) a respect for transparency within government; (9) a sharp separation between the private and public interests of governmental officials; and (10) at least a minimal commitment to the truth. These norms are essential to American democracy, yet Trump routinely violates them.
Read the rest here.