Trump’s acquittal is a sign of 'constitutional rot' — when partisanship overrides principles
February 14, 2021 in Blogs
John E. Finn, Wesleyan University
The Senate’s decision to acquit former President Donald Trump in his second impeachment trial may have been a victory for Trump, but it is a clear sign that democracy in the U.S. is in poor health.
As a constitutional scholar, I believe the United States – the world’s first constitutional democracy – is in a state of what I call “constitutional rot.”
In a constitutional democracy, the majority’s authority to govern is limited by the rule of law and by a set of legal rules and principles set out in the Constitution.
Constitutional rot is a condition in which we appear to be formally governed by constitutional rules and the rule of law, but the reality is quite different. When rot sets in, public officials and the public routinely ignore or subvert those rules while sanctimoniously professing fidelity to them.
Constitutional rot is not only a failure of constitutional law — it is a failure of constitutional democracy.
Appearance is not reality
Among the practices and principles of a constitutional democracy are limited government and the separation of powers, majority rule through elections that are fair and free, respect for minority and individual liberties, and government based on reason and deliberation. These were famously stated in Federalist #1, an essay by Alexander Hamilton that laid out:
It seems to have been reserved to the people of this country … to decide the important question, whether societies of men are really capable or not of establishing good government from reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force.
In my book, “Peopling the Constitution,” I asked citizens to “imagine an ugly picture: A citizenry unwilling to hold its representatives or itself accountable to basic, fundamental constitutional rules and values.” This could happen either because fidelity to them is outweighed by some other goal, such as security or holding on to power, or because of a base impulse such as fear.
Or perhaps the people fail to hold representatives or themselves accountable because they do not know what those principles and values are or why or even if they are at risk.
Election 2020 and its long aftermath, culminating in a second impeachment trial of Trump, is a clear and undeniable sign of just how rotten things are, constitutionally speaking.
Source: ALTERNET
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