To do this, Roberts twisted the Constitution into a fun house mirror of itself, reading into the document an almost unlimited presidential impunity that cuts against the text, history and traditions of constitutional government in the United States. The court’s ruling in Trump v. United States is a vision of presidential power that, as Matt Ford observes in The New Republic, exists in a world “without John Locke, without Montesquieu, without Thomas Jefferson or James Madison or Alexander Hamilton.”
It is a ruling that ignores the classical republican ideas that underpin the American constitutional order. It is the imposition of pure ideology and a declaration from Roberts that his court doesn’t just interpret the Constitution, it is the Constitution.
The truth, at this point, is that the only real guardrails in the American system are the voters — the people, acting in their own defense.
For too long, too many of us have acted as if democracy can run on autopilot — as if self-government will, well, take care of itself. But it won’t. The reality is that the future of the American republic is up to us.
We will decide if we live in a country where we govern ourselves. We will decide whether we hand this nation over to a man, and a movement, that rejects the notion of an inclusive American freedom and a broad, egalitarian American liberty. We will decide whether we will continue to seek — and expand upon — the promise of American democracy, as flawed and fraught as the reality has been.
It is, in fact, the great irony of self-government that we can decide to end it. “If destruction be our lot, we must ourselves be its author and finisher,” observed a young Abraham Lincoln in 1838. “As a nation of freemen, we must live through all time, or die by suicide.” If we wish, we can vote to hand away the closest thing we have, as a people, to a birthright.
