Item: Last week Republicans in the North Carolina House used the occasion of 9/11 to call a surprise vote, passing a budget bill with a supermajority to override the Democratic governor’s veto. They were able to do this because most Democrats were absent, some of them attending commemorative events; the Democratic leader had advised members that they didn’t need to be present because, he says, he was assured there would be no votes that morning.
Item: Also last week, Representative Adam Schiff, the Democratic chairman of the House Intelligence Committee, issued a subpoena to the acting director of national intelligence, who has refused to turn over a whistle-blower complaint that the intelligence community’s inspector general found credible and of “urgent concern.” We don’t know what the whistle-blower was warning about, but we do know that the law is clear: Such complaints must be referred to Congress, no exceptions allowed.
On the surface, these stories may seem to be about different things. The fight in North Carolina is basically about the G.O.P.’s determination to deny health care to low-income Americans; the governor had threatened to veto any budget that didn’t expand Medicaid. The whistle-blower affair probably involves malfeasance by government officials, possibly Trump, that in some way threatens national security.
What the stories have in common is that they illustrate contempt for democracy and constitutional government. Elections are supposed to have consequences, conveying power to the winners. But when Democrats win an election, the G.O.P. does its best to negate the results, flouting norms and, if necessary, the law to carry on as if the voters hadn’t spoken.
Thus, in 2016 the voters of North Carolina chose a Democrat to govern the state; the immediate G.O.P. response was to try to strip away most of the governor’s power. Last year Democrats won a majority of the votes for the state legislature, too, although Republicans retained control thanks to gerrymandering. But they no longer have a veto-proof majority — hence last week’s power grab.
Similarly, last year America’s voters chose to give Democrats control of the House of Representatives. This still leaves Democrats without the ability to pass legislation, since Republicans control the Senate and the White House. But the House, by law, has important additional powers — the right to be informed of what’s going on in the executive branch, such as complaints by whistle-blowers, and the right to issue subpoenas demanding information relevant to governing.
The Trump administration, however, has evidently decided that none of that matters. So what if Democrats demand information they’re legally entitled to? So what if they issue subpoenas? After all, law enforcement has to be carried out by the Justice Department — and under William Barr, Justice has become just another arm of the G.O.P.
This is the context in which you want to think about the latest round of revelations about Brett Kavanaugh.
We now know that the F.B.I., essentially at Republican direction, severely limited its investigation into Kavanaugh’s past. So Kavanaugh was appointed to a powerful, lifetime position without a true vetting.
Second, both Kavanaugh’s background and the circumstances of his appointment suggest that Mitch McConnell went to unprecedented lengths to create a Republican bloc on the Supreme Court that will thwart anything and everything Democrats try to accomplish, even if they do manage to take both Congress and the White House. In particular, as The Washington Post’s Greg Sargent notes, it seems extremely likely that this court will block any meaningful action on climate change.
What can Democrats do about this situation? They need to win elections, but all too often that won’t be sufficient, because they confront a Republican Party that at a basic level doesn’t accept their right to govern, never mind what the voters say. So winning isn’t enough; they also have to be prepared for that confrontation.
And surely the first step is recognizing the problem exists. Which brings me to the Democratic presidential primary race.
The leading candidates for the Democratic nomination differ considerably in both their personalities and their policy proposals, but these pale beside their differences from Donald Trump and his party. All of them are decent human beings; all would, if given the chance, move America in a notably more progressive direction.
The real chasm between the candidates is, instead, in the extent to which they get it — that is, the extent to which they understand what they’re facing in the modern G.O.P.
The big problem with Joe Biden is that he doesn’t get it. He’s made it clear on many occasions that he considers Trump an aberration and believes that he could have productive, amicable relations with Republicans once Trump is gone. Which raises the question: Even if Biden can win, is he too oblivious to govern effectively?
and is also a Distinguished Professor at the City University of New York Graduate Center.