The Romulan Republic wrote: ↑2020-03-29 05:05am
loomer wrote: ↑2020-03-29 04:27am
The Romulan Republic wrote: ↑2020-03-29 04:16am
I know. There is no safe, zero-cost, zero-risk answer here. There is only a choice as to which outcome we consider the least catastrophic, and we may very well get it horribly wrong.
Much like the old debates around the Prime Directive on this board, though, I don't feel that the risk of action having unintended consequences justifies doing nothing forever even when millions of lives are clearly at stake.
I would, however, ask you to consider what the consequences to the democratic process and rule of law will be if Trump is in office for five more years (or for life, if I'm right about his ultimate ambitions).
Oh, I've considered it plenty. Schmitt's work and the theory of the state of exception are part of my broader area of focus, and it's the potential ramifications that keep me from saying 'you must not do this'. But if it's to be done, it has to be very clear that what is being discussed isn't business as usual, but the specific overriding of a democratically elected government either through repurposed legal means or outright extralegal ones. With that as the end goal, we cannot glibly write off questions about legality, constitutionality, and ethicality with 'well, general strikes aren't illegal' because the strike is specifically geared towards the establishment of the following precedent: An unpopular president can be forced to resign or be otherwise forcibly removed from office despite being validly elected. If the 25th is invoked for the purpose in the absence of clear evidence of actual incapacity, it's even worse - at that point, cabinet has the authority to remove the democratically elected head of state for the convenience of government. Once established, there is no barrier to it being deployed against other presidencies.
The last in particular is a fair concern.
However, I object to your characterizing my position as wanting to override a democratic election simply because Trump is unpopular. This is a straw man that both you and Captain "I'm down with massacring peaceful protesters" Seafort have used, which basically portrays my motives as those of a sore loser who wants to overturn the election if my guy doesn't win. That's not what this is about.
You need to pay attention to what people write. I didn't say you want him removed just because you're a sore loser or simply because he's unpopular and not morally wrong. I said it establishes a precedent that an unpopular president can be forcibly removed - which it does.
The specific mechanism you're calling for is a general strike, which you want to see map directly into a possibly extra-legal forced removal from office of a democratically elected head of state. If it is accepted that a general strike is sufficient grounds to remove a president,
that can happen to any subsequent presidency. You aren't calling for his removal through formalized processes that would establish strict guidelines for when a general strike can be grounds to remove a president - you're calling, quite literally, for an informal removal process based on the unpopularity of a president. For the strike to have sufficient backing, he must be unpopular by definition - it is the
fact that the majority of people are calling for his removal that you argue should be sufficient to have him forcibly removed from office.
It is the definition of an unpopular president, and without suitable checks, there is nothing to prevent such a precedent being freely applied to subsequent presidencies that are unpopular but not morally illegitimate or criminally negligent.
As to precedent, the United States was literally formed based on the notion that the people have a right to depose a "lawful" but tyrannical government. Granted, King George wasn't elected, and the colonists lacked Parliamentary representation. But a lot of Americans today likewise lack representation, thanks in large part to Republican Party policies. I'm increasingly wondering how meaningful a "lawful" election in the US is when we have massive voter suppression, and the popular vote has nothing to do with who actually wins (and yes, I'm aware that wide-spread disenfranchisement has been the norm throughout American history, but in modern times, until recently, we could at least make the claim, as a society, that we were headed in the right direction).
This is not a precedent for forcing the removal of a legitimately elected head of state in the United States, in the same way it was not a precedent for the legality of secession. This is in part because such revolutionary actions are fundamentally
outside of law. They are unlawful by the regime they were directed against, but not legalized by the regimes that follow. They are an originating moment of violence that establishes a legal normative regime but are, as a consequence of this act of creation, outside and beyond that regime.
Trump is a singularity of awfulness, and these sacrifices may be worth making to depose him. But we must be clear in what we're discussing and saying should be done, and not try to obfuscate or hide it behind niceties and glib remarks about general strikes being lawful and vagueness about how the actual deposing is to be done.
It is simply a fact to state that there is nothing illegal about striking (certain professions, like the armed forces, aside), or about demanding a President's resignation. As for the method, a couple of different ones have been discussed in this thread (either put sufficient pressure on the cabinet to invoke the 25th, or sufficient pressure on the Senate to remove Trump via impeachment trial). Although you are correct that more thought needs to be given to how this would proceed.
It is simply a fact in the same way that it is simply a fact that if I pull the trigger on a gun and kill somebody, the gun itself did not kill them but the bullet's passage through their body did. To ignore the larger question because 'well, it's just a fact that it's not illegal to have a strike (to force the dismissal of a democratically elected government on constitutionally dubious grounds)' is to ignore what it is you are actually seeking. It's disingenuous and dishonest, and cannot act as a shield against the suggestion that your ultimate goal is in fact extralegal.
Would this be an extraordinary action? Yes. Could it escalate into widespread violence? Yes. Could it set dangerous precedents? Yes. Could it fail outright? Yes. But it does not have to follow that because one extraordinarily corrupt, despotic, and dangerous President was forced from office, that this will become the new norm for all future Presidents.
Correct. But you are, again, advocating for the introduction of a precedent of unregulated forced dismissals on the basis of public opposition. Such a prospect must be openly confronted, not hidden away.
Nor is the risk of action an excuse for perpetual inaction, no matter how bad the situation becomes. One might argue, for example, that mandatory self-isolation during a pandemic poses a risk of setting a precedent that undermines the right to freedom of movement (as well as freedom of assembly, the right to vote, and the right to a fair trial). And you'd be right. But it doesn't have to do that. These restrictions do not have to become a permanent state of affairs. And we implement them now because the cost of not doing so would be millions of dead and potentially the total breakdown of society.
Yes. However, I don't believe I've stated that it is.
And at worst we'd simply be choosing between two outcomes which undermine the democratic and legal process (Trump's ouster or Trump's continued rule). That's what I keep coming back to. You say "forcing Trump out, even by non-violent means, would undermine democracy and the rule of law". I reply "Five more years of Trump will definitely undermine democracy and the rule of law." So all you are telling me is that the worst case scenario for doing something looks a lot like the best case scenario for doing nothing.
What I'm telling you is that if you're
going to take a course of action that will undermine the democratic process and the rule of law, you need to openly consider that from the first step or the last to minimize unintended consequences. I'm not telling you you shouldn't do it - shit, I'm the guy who thinks the entire existence of the US is fundamentally illegitimate, remember? - but those of us who would defend democracy must be ready and willing to consider, debate, and justify when we act in ways that are contrary to it's free and unfettered operation - even (perhaps especially even) when those ways are necessary for its long-term survival or integrity.
"Doctors keep their scalpels and other instruments handy, for emergencies. Keep your philosophy ready too—ready to understand heaven and earth. In everything you do, even the smallest thing, remember the chain that links them. Nothing earthly succeeds by ignoring heaven, nothing heavenly by ignoring the earth." M.A.A.A