The Guardians of Democracy: Democrats Move to Protect Democracy from Itself

Below is my column in the Hill on efforts to bar or limit voting in the primary and general presidential elections. What is so striking is how these distinctly anti-democratic actions are being taken in the name of democracy.

Here is the column:

Across news sites, Democrats are warning of the imminent death of democracy. Hillary Clinton has warned that a Trump victory would be the end of democracy. MSNBC’s Rachel Maddow is warning of “executions.” Even actors like Robert DeNiro are predicting that this may be our very last democratic election.

Yet these harbingers of tyranny are increasingly pursuing the very course that will make their predictions come true. The Democratic Party is actively seeking to deny voters choices in this election, supposedly to save democracy.

Henry Ford once promised customers any color so long as it is black. Democrats are adopting the same approach to the election: You can have any candidate on the ballot, as long as it’s Joe Biden.

This week, the Executive Committee of the Florida Democratic Democracy told voters that they would not be allowed to vote against Biden. Even though he has opponents in the primary, the party leadership has ordered that only Biden will appear on the primary ballot.

And if you want to register your discontent with Biden with a write-in vote, forget about it. Under Florida law, if the party approves only one name, there will be no primary ballots at all. The party just called the election for Biden before a single vote has been cast.

This is not unprecedented. It happened with Barack Obama in 2012 and, on the Republican side, with George W. Bush in 2004. It was wrong then, and it is wrong now.

As Democratic presidential candidate Rep. Dean Phillips (D-Minn.) noted, “Americans would expect the absence of democracy in Tehran, not Tallahassee. Our mission as Democrats is to defeat authoritarians, not become them.”

In Iran, the mullahs routinely bar opposition candidates from ballots as “Guardians” of the ballots.

There is good reason for the Biden White House to want the election called before it is held. A CNN poll found that two out of three Democrats believe that the party should nominate someone else. A Wall Street Journal poll that found 73 percent of voters say Biden is “too old to run for president.”

The party leadership is solving that problem by depriving Democratic voters of a choice.

In other states, Democratic politicians and lawyers are pursuing a different strategy: “You can have any candidate, as long as it isn’t Trump.”

They are seeking to bar Trump from ballots under a novel theory about the 14th Amendment. In states from Colorado to Michigan, Democratic operatives are arguing that Trump must be taken off the ballots because he gave “aid and comfort” to an “insurrection or rebellion.” Other Democrats have called for more than 120 other Republicans to be stripped from the ballots under the same claim tied to the Jan. 6 Capitol riot.

This effort is being supported by academics such as Laurence Tribe, who previously called for Trump to be charged with the attempted murder of former Vice President Mike Pence.

In a recent filing supporting this effort, figures as prominent as media lawyer Floyd Abrams and Berkeley Dean Erwin Chemerinsky have told the Colorado Supreme Court that preventing voters from being able to cast their votes for Trump is just a way of “fostering democracy.” So long as courts believe that a candidate’s speech is “capable of triggering disqualification,” that speech is unprotected in their view.

I have long criticized this theory as legally and historically unfounded. It is also an extremely dangerous theory that would allow majorities in different states to ban opposing candidates in tit-for-tat actions.

So far, these efforts around the country have met with defeat in court after court, but the effort continues, and with the support of many in the media.

Some national polls show Trump as the most popular candidate for the 2024 election, while a few show Biden slightly ahead. Yet, despite 74 million voters supporting Trump in the last election, these Democrats are insisting that voters should not be allowed to vote for him, in the name of democracy.

In fairness to Democratic partisans like Clinton and Maddow, they could well be right. The 2024 election could well prove the end to democracy — if these efforts succeeded in purging ballots of opposing candidates.

It is all part of an electoral variation on the Vietnam War claim that it is sometimes necessary to destroy a village in order to save it.

Democrats claim to be right and to have the best of motivations, which is why they feel justified in saving democracy by denying it to the voters. After all, it is all about motivation where any means are justified. They are trying to save democracy by limiting it.

Thus, it is an assault on democracy for Republican lawyers to challenge elections based on alleged problems with voting machines, but it is protecting democracy for former Clinton general counsel (and founder of the “Democracy Docket”) Marc Elias to claim that a machine could flip the results in favor of the GOP.

In Tehran, a popular joke emerged after the “Guardian Council” approved only one candidate, Chief Justice Ebrahim Raisi, to appear on a ballot. Democracy, the joke went, was safe, because the Guardians would allow Raisi to run against six other spellings of his own name.

The American election guardians in Florida did one better. They have arranged for there to be no ballot at all. Who needs the pretense of a primary when you can simply dictate the result?

Yet, rest assured, you may be able to cast a vote for an approved slate of candidates of healthy choices. Consider it a type of “Big Gulp” election, where you are protected against your own bad choices like a sugary drink at 7-11.

Actor Seth Rogen has pledged to “vote for whoever is the Democrat. That’s all I need to know.” If these efforts are successful, many voters could be left with that single liberating choice.

Jonathan Turley is the J.B. and Maurice C. Shapiro Professor of Public Interest Law at the George Washington University Law School.

180 thoughts on “The Guardians of Democracy: Democrats Move to Protect Democracy from Itself”

  1. What kind of rock do you live under? You have a law degree? Stop pretending. That’s all you do is pretend that there is system in place for you to speak up against. It’s been broken, all of it. Democracy ceased to function many years ago and you know it; it’s a free-for-all. It’s time that you acknowledged that if the consitution isn’t followed, then we don’t have one. I don’t know what you want to call this country we live in. I don’t even know where the borders are.

  2. Every day is opposite day in lefty land. “Saving democracy,” indeed. I can’t roll my eyes back in my head far enough.

  3. The point is that the Democrat Party has been the the problem for America for over 100 years. Why would anyone say that they are a Democrat.

  4. A primary is an internal process of a private entity. There is NO SUCH THING as a “right” to vote in a primary. There is nothing undemocratic about a party deciding that it already knows whom it wishes to nominate, and sees no reason to hold a primary to help it decide. So there was nothing wrong with the Democrats’ decision not to have one in 2012, or the Republican’s similar decision in 2004.

  5. Actor Seth Rogen has pledged to “vote for whoever is the Democrat. That’s all I need to know.

    There you have it. Rogen typifies the religion of the Left in America. It is a religion that is bereft of any intellectual arguments, no philosophical grandeur, no ancient mysticism, no redemption, no promise of hope, no love and clearly no joy. The singular hallmark of leftism is joylessness. Darkness permeates America because of the Left.

    Happily the season of Advent just began. Today’s sermon for Tuesday, first week of Advent, by one of the 3 great ancient patriarchs of Christianity, St Gregory Nazianzen, (4th century, Asia Minor present day Turkey), has this gem:

    “….he it is who comes to his own image and takes our nature for the good of our nature, and unites himself to an intelligent soul for the good of my soul, to purify like by like.”

    From a sermon by St Gregory Nazianzen, bishop, on the marvel of the Incarnation

    Stunning!!!

    Oremus…..

  6. The irony is that all these Democrats are claiming that 2024 may be our last democratic election. Yet their actions are making it appear more and more likely that out last democratic election has already happened.

  7. “It is arguable that congress could delegate that power – by legislation – but it has not.”
    ———Dennis McInlyre

    Arguable??? Section 5 specifically gives Congress that power.

    And its codified in 18 USC 2383

    It defines the exact same terms, and the consequences. Gee, the EXACT same terms and consequence as Section 3. What a coincidence!!!

    It’s “arguable” that your IQ is north of 90. Its also arguable that its below 100. Its certain that you make the latter argument more often than not.

    1. Jimmy,

      The president don’t need no stinkin’ power from Congress.

      Just ask “Crazy Abe.”

      He seized power, denied not-prohibited and fully constitutional secession, started an unconstitutional war against a sovereign foreign nation, imposed martial law, illicitly suspended habeas corpus, committed dereliction in enforcing extant immigration law, released a foreign, inimical, illegal alien, standing army on U.S. soil, fixed 1864 with Union troops, and his successors improperly rammed through, not one but three, unconstitutional amendments in a condition of brutal post-war military oppression and occupation.

      Lincoln taught communists in America to steal power, add to it, and never give it up to those pesky free Americans with self-reliance.

      1. How can amending the constitution by amending it be unconstitutional?

        Seriously, are you putting us on?

    2. No, it does not define the exact same terms, nor the exact same consequences. It does use language taken from the 14th amendment, but for a different purpose.

  8. Jonathan: In the same Cedar Rapids speech, where DJY said he wants to “guard the vote”, he also continued to falsely claim the 2020 election was “rigged” and that in 2024 Jesus and God will be on his side: “I think if you had a real election and Jesus came down and God came and said, ‘I’m gonna be the scorekeeper here’, I think we’d win [California], I think we’d win Illinois, and I think we’d win New York”.

    Now DJT is not known to have any religious beliefs. So his appeals to Jesus and God show his desperation. Of course, there is another reason for DJT’s appeals to the deities. It’s his vase of evangelical Christians who he knows are important to any chances of winning next year’s election. Unfortunately, many evangelical leaders are deserting him. In Iowa, where DJT is currently campaigning, a well known and prominent evangelical leader, Bob Vander Plaats has made his position clear: “Iowa will rise up. This is not leadership our country”. Vander Plaats supports Ron DeSantis.

    And appeals to Jesus and God won’t help DJT either in his criminal and civil cases. If he thinks he can make a “Hail Mary” pass in the case before Judge Engoron or the other judges he faces, he is mistaken. Judges don’t look to the Bible to make their rulings. They rely only on the law, the facts and the Constitution!

    If there was a God I suspect he would be looking down and telling DJT: “Sorry man, I can’t help you. Had you followed my precept that you “should do unto others as you would want them to do unto you”–maybe things might be different”.

      1. “Judges don’t look to the Bible to make their rulings. They rely only on the law, the facts and the Constitution!”

        Really??? because I am sure if i look back i will find you disparaging all manor of judges and justices, like Amy Coney Barrett.

        Its like you try every day to see if you can say something even dumber than the day before.

    1. Reading comprehension is not your forte.

      First it is already established that in multiple ways the 2020 election was rigged. With more showing up every day.
      Aparently new testimony in the house has government agencies, and government grant money being used to coordinate with foreign powers to censor speech – inside the US and elsewhere on Covid and Politics.

      You have lost this argument.

      Next. claim that if Jesus was an election judge and assured election integrity Trump would win is NOT saying “god is on our side”.
      It is saying that an honest count of legitimate votes would result in a Trump victory.

      Trump is not particularly religious – neither is Biden. Increasingly few people are.

    2. Dennis – do you really want to pontificate on “inside baseball” regarding US evangelicals and US elections ?

      There are many republicans including evangelicals who would prefer someone other than Trump.
      The majority of republicans want Trump. Barring some unforeseable disaster Trump will be the GOP candidate for president.

      If the election were held today – and it were between Trump and Biden – Trump would get 290 electoral votes minimum and about 4-6 million more popular votes. But the election is not going to be held today.

      Biden has the oportunity to fix his problems. But he is struggling valiantly to make them worse.
      Trump could do something to tank his own campaign. But I will take bets he will not.

      The odds are between now and the election the vote shifts even MORE towards Trump.

    3. The engron case is completely meaningless regarding the election.

      It is quite improtant regarding Trump’s finances.

      It is also very important regarding the state of New York.

      If Engron rules as he appears to intend – he will be reversed – likely at a lower level.

      New York is not going to voluntarily choose to drive billionaries and businesses out of the state.

      There are so many problems with the Engron case – James prevailing in the lang run is the actual hail mary.

      Worse still if she does – she could literally face Trump suing her and NYC claiming that SHE fraudulently deprived him of his property in a FL court.

      James will lose in NY, and Trump will lose against James in FL.

      The scenario you want – James winning in NY and Trump losing in FL does not happen.

    4. It is increasingly evident that none of the rest of the cases go to trial prior to the election.
      Even Willis has admitted in court – that will run into 2025.

      Just the appeals on Current issues are likely to drag this out past the election.

    5. You do not seem to grasp that Your efforts to weaponize Government against Trump are major contributors to Trump’s 6-10pt shift in the polls since 2020.

      And lets be clear here. under 45,000 votes in the rigged election separate Trump from a win.

      In EVERY poll – even the few Trump is tie or losing to Biden – Trump is 6-10pts ahead of where he was in 2020.

      Biden is in very serious trouble.

      And this is not just about Trump. Biden is in very serious trouble PERIOD.
      I do not actually beleive Biden will come in 3rd in 3 way races – but there are polls that say he will.

      Biden is possibly the worst president in US history, and even the fawning media can not keep propping him up.

      In a two candidate Race Biden loses to EVERYONE – to Trump, to all republicans, To RFKjr, to Manchin

      Biden is “dead man walking”.

    6. “Judges don’t look to the Bible to make their rulings. They rely only on the law, the facts and the Constitution!”
      You have clearly never been in a court.

    7. Dennis – you say: “he also continued to falsely claim the 2020 election was ‘rigged’”. This is hardly a false claim. For example: in several battleground staes, election laws were changed by judges or election officials in response to lawsuits brought by Democrat lawyers; Mark Zuckerberg sent money to local officials in Democrat-areas in Wisconsin to “get out the vote”; the door was opened to vast mail-in voting, but adequate controls over the legitimacy of those votes was not put in place; in Michigan, the Democrat SOS encouraged local election officials to allow mail-in votes that they would otherwise have questioned; the Hunter Biden laptop story was systematically suppressed by Demo officals and media; Twitter and other social media companies censored conservative voices. Part of this story in told in Rigged by Mollie Hemingway. The suppression of dissenting voices on the internet is discussed by Matt Taibi and others. Of course, it was not only the general election that was rigged but also the Demo primary when the Demo bigwits decided that Sanders campaign had to be derailed, as in 2016.

    8. Your ignorance is amazing. We Christians are not voting for Trump based on his being religious or not, but his policies which are far more friendly towards us than Biden, the so called ”devout Catholic”. We are not electing a Pastor, but a POTUS.
      Understand now?

    9. Dennis, Your hero Vander Plaats got caught selling his endorsement to Ron DeSantis. DeSantis had to pay extortion money for Plaats to endorse him! Hahahahahahahahahahahahahahahaha yeah you man Plaats has been exposed as a fraud just like the meatball he “endorsed”. President Trump makes all you Lefties and Beta boys shit your pants. I love it.

  9. Today in America we have an enemy within our own citizenry, “the leftist democrat” whose prime desire is the annihilation of opposition to the Utopian Dynasty of their dreams. They desire to limit speech, freedom of association (did you ever have interaction with President Donald Trump, a Special Prosecutor’s request for records from tech companies), parental controls and more and more. They use intimidation of status, prosperity and anonymity if you become a target, they in some regards are the likes of King Leopold of Belgium Congo Free State were those slow to gather and haul rubber had their right hand hacked off. It’s really not that dissimilar, make it harder to live and prosper in society with a damaged characterization of your identification, or only to have one hand, submission is demanded.

  10. And some people still don’t believe that there is an establishment deep state swamp. Is this how Hugo Chavez got elected?

    1. Cionnath,
      “Glorious” is a word I may not have used.
      However, to the degree and lengths Democrats and even Liz Cheny have gone to perpetuate various doomsday like narrative of another Trump admin is rather telling.
      They declare what will happen if Trump is re-elected. If they are so certain about the future, why have they not played the Mega-millions Powerball?
      The problem with woke leftist Democrats and like minded Never Trump RINOs is they think they know what the future holds. In reality they project their own thoughts. We need them and their comments see them for what they are and what they think. Again, I thank our woke leftist friends for their comments and thereby giving us insight into their fascist thinking.
      Woke leftist Democrats and RINOs Republicans are not our friends. We need to stop thinking of party first and nation second. We need to put nation first and those who would put party before nation, vote them out. Call them out for the deep state they are. They use and abuse their voters on a regular basis. Stop voting for them.

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