Democracy: The Political Right's Alarming Lack of Alarm

 

By David K. Shipler 

                Right-wingers who tamper with democracies should be careful what they wish for. They might hold positions of power today, but as they undermine the checks and balances that stabilize and restrain, they hand formidable tools to their opponents who might take over tomorrow.

This is poorly understood in both Israel and the United States, two democracies now imperiled by extreme agendas that would weaken longstanding mechanisms designed to protect minority rights and moderate governmental authority.

The political right ought to take note: If Israel’s religio-nationalist government dismantles the separation of powers by emasculating the judiciary, what’s to prevent some centrist or more liberal government from driving unencumbered through the same gaping holes? After all, the right-wing governing coalition has only a four-seat majority in a 120-member parliament.

In the US, similarly, if Republican “conservatives” regain the White House and disempower independent agencies by transferring power to the president, as Trump’s team plans—and if they continue dismantling the non-partisan machinery of elections in swing states they control—what’s to prevent Democrats from doing the same where they hold or gain majorities? When you destroy the careful balances in a pluralistic system, the new structure is available to everyone, not just to you.

A case in point is Donald Trump’s anti-constitutional argument that Vice President Mike Pence, as President of the Senate, could have rejected slates of electors from some states that went for Joe Biden in 2020. But if Pence had that power, so would every vice president: Vice President Al Gore could have thrown out Florida’s Bush electors in 2000, where the popular vote was razor close and justifiably contested. And Vice President Kamala Harris could do it in 2024 if she doesn’t like certain states’ results.

Why don’t reporters interviewing avid Trump supporters ever point this out and ask for reactions?

It could be that Trump and his spellbound flock don’t grasp the universality of the powers they seek to acquire. Perhaps they think that only they will benefit by eroding the professional integrity of vote-counting, for example, not imagining that their opponents might use the same tactic. Perhaps they don’t see how a Democratic president could use the immense authority they seek for Trump should he be re-elected. In a society still largely subject to the rule of law, which carries with it a respect for precedent, consistency, and equal protection, systemic changes are just that: systemic. They flow through the entire system, no matter which faction is in charge, now or in the future.

It could also be that Republicans—privately—don’t really think Democrats are nefarious. Maybe right-wing politicians don’t believe what they say about liberals and progressives. Perhaps, in their heart of hearts, Republicans recognize that the “radical left” is not so devoid of civic and moral virtue that it would threaten democracy with the tools the Republicans are forging for themselves.

Indeed, that’s the flaw in this doomsday scenario: The Democrats are not the same, at least not now. Gore didn’t throw out Florida’s electors, and neither will Harris. Democratic state legislatures are not rushing to curtail voting rights or politicize vote-counting. There is no moral equivalency between Republicans and Democrats.

But will that be forever? Power is an aphrodisiac. The judicial system is growing more sharply partisan on both sides. Gerrymandering is a time-honored tradition by both parties. Imperious moves to stifle speech come from the left as well as the right. The danger of concentrating authority in too few hands, without sufficient checks, remains as acute today as when James Madison warned at the Constitutional Convention: “All men having power ought to be distrusted to a certain degree.”

So it also is in Israel, which has no constitution but a set of Basic Laws that are supposed to set the standards for governmental action. Without a constitutional text, the Supreme Court has overturned some statutes and practices as “unreasonable,” a squishy concept that Prime Minister Benjamin Netanyahu’s government has just outlawed. (The Court itself will hear a case requesting that it overturn that new ban on its authority, setting up what Israelis loosely call a “constitutional crisis.”)

In addition, Netanyahu has proposed giving government officials a majority on the commission that appoints judges, and granting the Knesset, Israel’s parliament, the power to overturn any Supreme Court ruling with a simple majority vote. The specter of emasculating the courts—the only check on executive/legislative power—has ignited vast street demonstrations, disinvestment, protests by respected former intelligence and military officers, and refusals to serve by numerous military reservists. At least the center and left are alarmed, even if the right is not.

Ironically, Israel’s Supreme Court has moved somewhat to the right as new justices have been appointed during years of conservative government. So, if the judiciary is weakened and the rightist coalition loses its narrow majority in the future, a more centrist or left-tilting government could presumably overturn conservative Supreme Court decisions.

These might include rulings limiting the rights of Arab citizens, for example, or allowing more Jewish West Bank settlements on Palestinians’ land, or permitting gender discrimination by Haridim, the ultra-religious Jews who increasingly demand the separation of men and women in public transportation and elsewhere.

In fact, for many Israelis on both sides of the conflict over the judiciary, the very nature of the country is at stake—whether it remains a secular and pluralistic state or becomes increasingly theocratic, run by extensively by religious law. A centrist or slightly liberal government, empowered to overrule the Supreme Court, could conceivably sweep away judgments that uphold an expanded religious authority in domestic life, open the door to Israeli annexation of the West Bank, and other policies favored by the hard right. That is the risk that Netanyahu and his extremist partners run by changing the rules of the game.

Ultimately, citizens in both Israel and the United States will decide the momentous question, which is much larger than the personalities or slogans or temporal policies of the candidates. All democracies contain the built-in mechanism of their own destruction: the popular vote, which can elect those who will slice away the protections, usually little by little, until the citizens wake up one morning to find that their precious freedoms to choose how they are governed have disappeared. In a well-informed citizenry, the alarm sounds long before, across the entire political spectrum.