Below is my column in USA Today on the escalating rhetoric over the imminent demise of democracy in the United States and how, as repeatedly claimed by President Joe Biden, “democracy is on the ballot.” There appears no limit to the level of growing hysteria. On the ABC’s The View, host Whoopi Goldberg warned journalists and “gay folk” that Trump is planning to round them up and “disappear you.” Putting aside the assumption that the executive branch would go along with the massive purge, the suggestion is that neither the Congress nor the courts would move to stop the killing or confinement of all reporters and LGBTQ citizens. Whether cynical or hysterical, this political narrative is being replicated across the Internet despite its utter lack of foundation or basis.
Here is the column:
“It may well be the last real vote you ever get to cast.” Those words from former Rep. Liz Cheney, R-Wyo., capture the mantra of this election season from politicians and pundits. It is narrative that preys on the fear of Americans that our constitutional system is on the verge of collapse.
Yet, it is untrue and ironically shows the lack of faith in our democratic systems that many of these figures ascribe to others.
If one briefly surfs cable news, you would think that this election is the only thing that stands between democracy and tyranny. On MSNBC, hosts like Joe Scarborough have repeatedly told viewers that former President Donald Trump will “throw away” democracy if elected.
President Joe Biden himself has taken up this claim. In his speech Friday near Valley Forge, Pennsylvania, Biden insisted that “democracy itself is on the ballot” and said that this election would determine if democracy can survive in the United States.
This campaign tactic holds obvious advantages for a candidate who has the lowest polling numbers of the past seven presidents at the same point in their first term in office. Biden and others are calling for citizens to vote not for Biden, but for democracy itself.
The pitch would be more compelling if Democratic activists were not trying to remove Trump from 2024 ballots and Democratic leaders in Florida, North Carolina and other states are refusing to allow other candidates to run against Biden in the primary. In those states, the primary ballots themselves might not be very democratic.
Trump’s rhetoric helps fuel fears of what he might do
Trump helps to fuel such dire predictions with his reckless rhetoric. After the Supreme Court accepted review of his disqualification from the ballot in Colorado, he said at an Iowa rally, “I just hope we get fair treatment. Because if we don’t, our country’s in big, big trouble. Does everybody understand what I’m saying?”
The answer is that it depends on whom you ask. For Democrats, the comment seemed to threaten more violence like the kind we witnessed during the attack on the U.S. Capitol on Jan. 6, 2021, especially given Trump’s pledge to pardon rioters.
For Republicans, it was a frank acknowledgement of the deepening anger and divisions in the country.
Those divisions are manifest in a new Gallup poll showing that only 28% of U.S. adults are satisfied with the way democracy is working in the country. It’s down from 61% in 1984. Only 17% of Republicans and 38% of Democrats are satisfied with our current state of democracy.
While I do not believe that the Jan. 6 riot was a true insurrection, I immediately denounced it as a desecration of our constitutional system. I criticized Trump’s speech that day as he was giving it. I also supported Vice President Mike Pence’s actions at the Capitol and rejected the legal basis for opposing the certification of the election.
Jan. 6 was many things, and all of them bad − save for one vital thing: Our system worked.
The Capitol riot was only the latest stress test for a system that has survived wars, economic collapse and social divisions. Despite an assault inside our Capitol, the system held and functioned as it was designed. And despite the claims of some partisans, we were never “dangerously close to losing it all.”
It was a desecration of our system but also the triumph of that system. Members of both parties quickly reassembled to carry out their constitutional functions. Our nation’s vice president held firm despite pressure from the president and threats from an angry mob against his very life to certify the election.
As the legislative branch fulfilled its constitutional duties, the judiciary did the same. Trump-appointed judges and justices voted against the incumbent president’s claims and cleared the path for the Biden inauguration.
We can recognize the gravity of that riot without engaging in the type of hyperbole that is now being bantered about in the campaign.
Once again, Trump has stoked such claims with comments like saying that if he were reelected, he’d “want to be a dictator for one day.” The former president stressed that he was speaking of ordering the building of the border wall and drilling for oil − unilateral actions that the host of the interview, Sean Hannity, immediately noted would not make Trump a dictator. However, Trump did not take the helpful nudge to clarify his words.
Yet, even if Trump did mean that he would attempt to be a dictator (and to do so past the first day), it is not up to him. For more than two centuries, presidents have sought to act unilaterally or assume extraconstitutional powers only to be checked by the legislative and judicial branches.
To suggest that this may be our last democratic election is to suggest that both branches (and the population at large) would stand idly by as a president assumed tyrannical powers. That did not occur, even when this country was united by wars and national emergencies. With the nation now divided right down the middle, it is even less likely.
That is why the “democracy is on the ballot” claims border on defamation against our Constitution. We have the most successful and stable democratic system in history. The success of that system is not measured by those who would riot or challenge our values. It is measured by how the system responds. Our system works because it was not only written for times of relative unity and calm, it also was written for times like these.
What remains is a crisis of faith for some and a preying on of those fears by others. Our Constitution ultimately is a leap of faith, not only in government but also in one another. This faith should be strong in a system that has met every challenge, including Jan. 6.
Many things will be on the ballot in 2024, but democracy is not one of them.
Jonathan Turley is the Shapiro professor of Public Interest Law at George Washington University. Follow him on Twitter @JonathanTurley
“It depends on what the meaning of ‘is’ is.” – Bill F. Clinton
Indeed our republic isn’t on the ballot it’s at the supreme court where if they find section threes self executing it targets veterans. The very ppl who would die for the USA become disqualified.
And at that supreme court short shrift was given to the presidents oath to preserve protect and defend the constitution….ppl with no standing who took an oath to support it can’t and don’t have that power. Only the president does. And his standing via his oath and duty ight not stand or fall on the courts standing requirements or Barr’s wide spread fraud not proven to over turn blah blah. The president takes a unique oath to preserve thereby has a duty and is the only one with standing maybe about it. But like Johnson recently said it is clear states violated the “legislatures” of the states in 2020.
“It may well be the last real vote you ever get to cast.”
She’s absolutely correct but very late. 2024 will be stolen, again, like 2020 and worse, and the demoncrats won’t stop doing it, ever.
20 million illegals will be voting, maybe 40 million.
They’ll just do it then deny it then block it from the courts on no standing and other lies and the MSM will bleat conspiracy theory –
They can wipe out half of those illegal votes and replace them with non purged voters listers and the computer manipulations.
Professors of mathematics and statistics can do year long studies and show definitely the impossible “to the tenth in each county” results squared to the last census and extrapolated in unassailable proof of the steal, and hundreds of millions of dumb Americans couldn’t understand it if explained in 8th grade math terms. That’s already happened.
We’re already past the last real vote for POTUS.
They robbed the sucking sound guy from Texas.
They robbed Ron Paul in the primary caucuses and the primary in general.
Same for bernie sanders.
After Trump surprised them they robbed him blind in 2020 – it was so outrageous and ridiculous on every level only a liar can say otherwise, or the most ignorant rube, staying that way on purpose, not willing to look. They, the demoncrats, have no doubt doubled down since then.
In California it was recently announced everyone can print their own ballot from home. HAHAHAHAHAHAH
Oh dear, Ron Paul, Bernie Sanders and Big proud Donald, the cherry blossom king. Impressive steal triad series. You may want to search for a mountain range to chisel them in stone for eternity. The ultimate nostalgic, The Steal project.
That said, yes, Trump’s attempt at seizing power was a bit clumsy. But he surely managed to burn ‘The Steal’ into an amazing percentage of American minds. He surely knows how to create and rouse his rabble.
The demoncrats are in projection mode again. If democracy was on the ballot none of the demoncrats would be running. If democracy was forced human dna change injections, lock downs, job loss, small business shut downs, 6 foot distancing, and demand masking, and endless lies about a non vaccine that doesn’t work and tends more toward killing people with dozens of deadly serious complications all covered up and lied about in it’s creation, why we’d be a democracy.
Once the criminal jaws of the state start death gripping all the innocent magas, republicans, and Chicago school Mises’ people, calling it a democracy it an absurd stretch.
Democracy started really dying visibly on 911, and it’s rather hard to prove it isn’t already dead for half the USA.
When 2020 was so obviously stolen and endless ignoramuses, even important people, speak up and spew “it was fine, plenty fair”, democracy is already long gone, as even those at the helm can’t see beyond their twisted hate filled party noses.
The barker from Texas warned about the swishing sound of jobs leaving, the tyranny of the state destroyed his candidacy.
Ron Paul, having won the caucuses was robbed blind in front of all of us in 2012.
Bernie Sanders was smoked by the DNC, primary stolen from him too.
It’s been quite a while since voting for POTUS counted for jack squat.
Trump attempted to steal the majority of votes of most of us. How is this not about democracy?
Trump also swore an Oath of Office to the U.S. Constitution, then betrayed his oath by subverting constitutional due process. This betrayal to America created the Section 3 lawsuits.
America has about 330 million people, Republicans can’t find a qualified candidate out of 330 million?
The people who are pursuing the 14th Amendment strategy cannot blame Trump for their actions. Only dyed-in the wool fascists would pursue this strategy.
Fascists try to steal elections. Section 3 of the 14th Amendment was designed to counter fascism and foreign models of governance.
Might want to do some research, Trump is no longer kingmaker. Trump Republicans have continually lost elections since 2017.
Maybe pick a winner this time?
Fascism had not been invented in 1868.
What a fvcking idiot. Invented???
It hadn’t been named in 1868. It was alive and well.
The authors of the 14th Amendment could not have understood what fascism was.
“Fascism had not been invented in 1868.”
Thus Molière’s famous quip: They were speaking prose without knowing it.
🙂
Lincoln was a dyed-in-the-wool fascist who was elected by a 39.8% minority, denied not prohibited and fully constitutional secession, commenced an unconstitutional war against a sovereign foreign nation, imposed a forcible military draft, unconstitutionally imposed martial law and seized all power, unconstitutionally suspended habeas corpus and the freedoms of speech, press, assembly, etc., confiscated legally deeded private property, grossly violated extant immigration law installing an adversarial, 4-million-man, foreign army on U.S. soil, committed viscous war crimes against southern States, and rammed through, not one but four, unconstitutional amendments within an historically brief period of time, which were improperly and forcibly ratified under the extreme and brutal duress of military occupation and oppression.
Lincoln and his acts, and all of the effects and consequences of Lincoln’s acts, were and remain illicit, unconstitutional, invalid, and illegitimate to this day.
…
Even you must recall that Roberts mistakenly gave trump the incorrect oath at inauguration. Indeed our republic isn’t on the ballot – it’s at the supreme court … Where if section 3 of the 14th is self executing when have coas and unequal protection as it will only be veterans who contracted to die for us that are disqualified. That can not stand it treads to many and too much.
Anonymous: “America has about 330 million people, Republicans can’t find a qualified candidate out of 330 million?”
lin: “America has about 330 million people. Democrats couldn’t find a better candidate than Biden?
Very good point!
Steal the votes? Surely you cannot be this obtuse. I hope your ignorance is feigned and not sincere. In all 50 states in America — as a result of preposterous judicial rulings — illegal aliens and millions of other ineligible noncitizens — can register to vote merely by checking a box on a federal form declaring that they are citizens. This attestation is not validated or verified in any way prior to voting, nor inspected or checked in any way subsequent to voting. It functions entirely on the honor system. We are expecting the same people who dishonored our sovereign border to honor the integrity of a piece of paper. In other words, we are to believe that millions of people who have collectively violated the law millions of times (illegal entry, smuggling, harboring, illegal overstay, social security fraud, identity theft, illegal work, failure to pay taxes, etc.) will not check a mere box on a form because that too is illegal! (Knowing full well their assertion will be accepted without any further scrutiny whatsoever). We are truly the first society in all history with a completely open border combined with no citizenship verification for voting. (Not to mention the ability to vote remotely via mail or drop box for weeks at a time or, in several states, third party collection of mail ballots). Can you honestly defend such a system? You know full well these gaping vulnerabilities are all by design: hence the virulent opposition by progressives to any form of election integrity (and ruthless targeting of election integrity advocates).
According to the immigration law of the Founders, passed by their ilk within the year of the adoption of the Constitution, there are only 250,000,000 Americans.
But then, Lincoln, the name of Karl Marx, shredded the Constitution, the Bill of Rights, and the immigration law of the Founders long ago.
This is not the America of its Founders and Fathers.
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“We the people of the United States…secure the Blessings of Liberty to OURSELVES AND OUR POSTERITY.”
– Preamble to the Constitution
Lmao dems have joe biden out of 330 mullion?
Doesnt know what day it is.
Doesnt know what state he is in
Thinks his son came home in flag draped coffin
Thinks he saw the bridge collapse in PA
Thinks he was at ground zero on 9/12
Thinks hunter is the smartest person he knows
Finished 76 out of 85 but claimed he was top half
Is ADDICTED to sniffing the hair of little girls (did it again yeaterday)
So…fvck you and that nonsense
Your ignorant quip is proof-positive that opinions are like a-holes—-everybody has one.
How did he attempt to steal the votes?
GROUND ZERO: SHELBY PARK, EAGLE PASS, TX, USA
TEXAS SEIZED CONTROL AND RESTRICTED U.S. BORDER PATROL
“The Texas Military Department confirms the TX National Guard has seized control of Shelby Park in Eagle Pass (city property where mass illegal crossings are), and is restricting Border Patrol from accessing the area, saying the Feds “perpetuate illegal crossings”. This is the area where Border Patrol has been cutting TX razor wire. Razor wire and fences are now deployed to block the area off from the public and federal government. Attached video is from our crew on the ground this morning as they began blocking it off.
You can expect DOJ to sue Texas over this.”
– Bill Melugin
Texas Military Department statement:
“The Texas National Guard has maintained a presence with security points and temporary barrier in Shelby Park since 2021. The current posture is to prepare for future illegal immigrant surges and to restrict access to organizations that perpetuate illegal immigrant crossings in the park and greater Eagle Pass area.”
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“No, Democracy is Not on The Ballot in 2024”
– Professor Turley
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Fort Sumter 2.0 may be on the ballot in Shelby Park, Eagle Pass, TX.
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The American Founders would like to convey a message to Governor Greg Abbott and the citizens of the Great State of Texas and the United States of America:
“But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.”
– Declaration of Independence, 1776
What are you saying? That Texas can’t protect its borders and prevent illegal immigration? You are an idiot, “sir”!
Fort Sumter 2.0 – for those of you in Rio Linda.
Professor Turley makes an important point that Biden has the lowest poll numbers of the last 7 first term presidents 11 months prior to a Presidential Election. And a survey published today shows 56% of Americans support criminal charges being filed against Trump & 39% oppose Trump being charged with crimes. 49% of Americans support the rulings by Colorado & Maine to disqualify Trump from the ballot while 46% oppose Trump being removed from the ballot.
Look forward to Turley citing more important polls reflecting the sentiments of the country.