The US is no longer a democracy. Now what?

We are not helpless. We still have the power to throw Trump and his fellow conspirators out of office, rebuild foundational institutions and recommit to our democratic ideals.

We are in a constitutional crisis but saying so speaks primarily to the small group that pays close attention to questions of government structure. For the benefit of the nation, let’s leave the legal terms for the courts and call this tyranny what it is.

What evidence do people need to see to know they are no longer living under a democracy, but rather a despotic autocrat?

First, the rule of law no longer applies equally to all of us. Donald Trump went to the Justice Department and declared himself the nation’s Chief Law Enforcement Officer. It is in that role that he pardoned the January 6^th insurrectionists. People convicted of beating police officers and convicted of engaging in seditious conspiracy. On the other hand, this week Trump said, “I look forward to watching the sick terrorist thugs get 20 year jail sentences for what they are doing to Elon Musk and Tesla. Perhaps they could serve them in the prisons of El Salvador, which have become so recently famous for such lovely conditions!” A nation that has one set of laws for the leader’s supporters and another for its detractors is not a nation of laws, but a nation that uses the power of law as a weapon.

But what about the judges that are ruling against Trump, you ask? Isn’t that evidence that the rule of law is holding? That’s an important question. Consider this: Vice President Vance said "When the courts stop you, stand before the country, like Andrew Jackson did, and say, 'The chief justice has made his ruling. Now let him enforce it.'" And Elon Musk has said. “I don’t like the precedent it sets when you defy a judicial ruling, but I’m just wondering what other options are these judges leaving us.” And Stephen Miller, the advisor Trump singled out for praise when he was at the Justice Department told Fox TV, “"Our objective, one way or another, is to make clear that the district courts of this country do not have the authority to direct the functions of the executive branch. Period." The rule of law only holds when all three branches of government comply.

Trump has called for judges who do not rule in his favor to be impeached. He and the real chief law enforcement officer, Attorney General Pam Bondi, have launched ad hominem attacks on judges that hold the line, threatening them with impeachment, with prosecution, and implicitly, with physical harm. Remember, Trump created a cadre of armed vigilantes when he pardoned the January 6^th plotters. Even John Roberts is alarmed.

So much for the rule of law.

Second, the President is abusing his powers to weaken institutions that do not derive their creditability from him. In an autocracy, all truth, all credibility flows from the tyrant in charge. That’s why Trump took over the Kennedy Center. Like all tyrants, he wants to say what art is. That’s why he attacked and broke Columbia University. He wants to say what education is. That’s why he had armed guards break into the Institute for Peace and throw out its leadership. He wants to determine what causes are supported. That’s why he attacked and broke the law firm of Paul Weiss and why he continues his illegal attacks on law firms. He wants to say what clients they can represent. That’s why, when the Associated Press continued to call that body of water the Gulf of Mexico, he banned them from the White House. He wants to dictate what things are. That’s why he has set Mr. Musk and his billions to primary and Republican who dares question a nominee. He wants to dictate what Congress does.

Third, Trump claims unique powers and says he derives them not from the law, but from a mandate of the American people. That’s what tyrants do. They pretend they have a mystical connection usually to a race of people, and they argue that it gives them powers that transcend law. In a democracy, the people’s representatives get together and hammer out laws, and those determine what is allowed. Trump is claiming the autocrat’s mandate as he ignores the law. The claim is autocratic on its face. But it is also wrong about the mandate.

He won an election, but without a majority. Once in office, he broke the pledges that helped put him there. Which way does the mandate run when you get elected distancing yourself from project 2025 but then aggressively implement it once in office?

Americans did not switch sides in the Ukraine War and suddenly decide to support Mr. Putin. Trump did that by himself. Americans did not suddenly decide that social security was a Ponzi scheme. Mr. Trump did that, through his friend Mr. Musk. Americans did not decide to foreclose on our future by shutting down scientific research across our university systems. Mr. Trump did that. Americans did not decide to fire the staff at the IRS so that workers will have to wait for refunds and billionaires won’t have to pay taxes at all. Mr. Trump did. Americans did not decide to systematically erase all mention of the accomplishments of Black and female soldiers from the websites our armed forces. Mr. Trump did. And Americans did not decide that judges who oppose his lawlessness should themselves be prosecuted, only Mr. Trump did.

He claims legitimacy from a mandate that does not exist. He tells us the people are united in his cause. Though if we are united at all, it is in opposition to that cause.

In less than sixty days America ceased to be a fully democratic nation. That is reality. But it does not make the people helpless. We still have the power to throw him and his fellow conspirators out of office, to rebuild the foundational institutions he has damaged and to recommit to our heritage as the last best hope of earth.

Be not afraid; Be furious and be determined.

The last time we were governed by a tyrant the great patriot Thomas Paine wrote Common Sense. That book inspired a generation of British Colonists not only to break with their King, but to endure years of hardship in the battle for independence and freedom. 250 years later, we are not less brave.

Paine said that by moving from argument within the bounds of politics and law to unlawful acts and the use of force, the King stuck a new era for politics. For the same reason, ours too, is ours a new era.

Paine was in awe of those who loved humanity enough to, in his words, “dare oppose, not only the tyranny, but the tyrant.” In our time, as in his, much of the world is overrun with oppression. A powerful movement across the globe is hunting freedom where it can. They have killed it in Turkey and Hungary. It is on life support in India. It’s hunters, men like Putin, are now allies with our President, and giving him counsel and support. Wherever they take hold, they seek to deport freedom itself.

250 years ago, America rose to that challenge and built a haven for freedom. Since then, we have never shied away from the fight to expand our democracy and to protect others. Remember that. We will win back our democracy because beating tyrants is our birthright, and what we do best.