Is This Democracy

• 41. Escalation

  Over the past two weeks, the Trumpists have significantly escalated their assault on the rule of law as well as on both individuals and institutions they regard as the “enemy within.” We focus on two dimensions of this truly dangerous escalation: We start with the Trump government ramping up its attempt to purge the nation from what they now officially call “alien enemies.” Ten days ago, Trump invoked the Alien Enemies Act of 1798, claiming emergency wartime powers to detain and deport foreign nationals – specifically a group of Venezuelan migrants, disappeared into a prison labor camp in El Salvador with no due process whatsoever. This is outrageous in at least three different ways: There is the way these people are being treated; there are the pseudo-legal justifications brought up by the Trump administration to justify such an extreme assertion of executive power; and there is the way the Trumpists are ignoring court orders and moving ever more aggressively towards denying the courts’ authority to check and curtail their power outright. We then move to the escalating attack on universities. The Trumpists, it is evident, will use whatever pretext they can come up with to subdue institutions they deem insufficiently deferential or a potential source of “leftist” subversion. Unfortunately, as the example of Columbia University caving to the regime’s demands demonstrates, those institutions are choosing to capitulate and acquiesce. That is the really scary part: Any assumption of democratic resilience in the United States was predicated on the idea that civil society actors with enormous resources at their disposal – universities, law firms, media companies… – would push back. But so many simply won’t. Show notes: Chris Geidner, “Court blocks deportations hours after Trump says he invoked Alien Enemies Act,” Law Dork, March 15, 2025 https://www.lawdork.com/p/alien-enemies-act-venezuela-tro Amicus podcast, “The Rule of Law Took A Very Dark Turn This Week,” March 22, 2025 https://slate.com/podcasts/amicus/2025/03/trump-regime-flights-of-venezuelans-to-el-salvador-land-in-a-constitutional-crisis “Columbia Yields to Trump in Battle Over Federal Funding,” Wall Street Journal, March 21, 2025 https://www.wsj.com/us-news/education/columbia-university-trump-demands-federal-funding-e94d41ca?st=n8GS7V&reflink=mobilewebshare_permalink “Law Firm Bends in Face of Trump Demands,” New York Times, March 20, 2025 https://www.nytimes.com/2025/03/20/us/politics/paul-weiss-deal-trump-executive-order-withdrawn.htmlFollow LilyFollow ThomasFollow the podcast on social mediaRead Thomas’ weekly newsletter Democracy Americana

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• 40. The Precarious State of the Union

  A little over six weeks since Trump returned to the White House – and the assault on democratic self-government and the modern state is not slowing down. We start with Trump’s speech before a joint session of Congress. On the one hand, he didn’t say anything he hasn’t said many times before. But on the other, the whole spectacle revealed so much about Trumpism as a political project – and about a Republican Party that is entirely defined by its devotion to it. Similarly, the Democratic (non-)response offered a window into America’s nominal opposition party: Split between those who still cling to politics-as-usual, dreams of bipartisan “unity,” and impotent accommodation – and those who understand the emergency we face. We then talk about the Supreme Court intervening this week, siding against the Trumpist regime’s egregious attempt to freeze all foreign aid funding and simply not pay the government’s bills. The good news: The Court narrowly held that the rule of law and the constitutional order still somewhat matter. The bad news: This should not have been close at all, and yet it was. And, crucially, we must resist the temptation to legitimize John Robert’s idea of judicial supremacy – even when he occasionally tells the most extreme rightwing forces to knock it off. The Roberts Court is the spearhead of the reactionary mobilization against modern democracy. Finally, One Big Thing we have been thinking about lately: Lily brings up the pushback Republicans have been getting from the base in town halls around the country. Is a reverse-Tea Party a possibility? Thomas has been asked the same question over and over again: Don’t the Trumpists understand how much they are weakening America at home and abroad? The most plausible answer: What they are doing to America is not an accident or an unintended consequence. They really mean it. Show notes: ‘Trump’s 2025 joint session address, fact checked and annotated,’ CNN, March 5, 2025 https://www.cnn.com/interactive/2025/03/politics/transcript-speech-trump-congress-annotated-dg/ The Exploding Heads, ‘Historians Will Forever Remember When We Held Up Very Small Signs,’ https://www.youtube.com/watch?v=M5ZbiR0003Q Chris Geidner, ‘The Supreme Court, barely, upholds our three-branch system of government,’ Law Dork, March 5, 2025 https://www.lawdork.com/p/supreme-court-usaid-payments-orderFollow LilyFollow ThomasFollow the podcast on social mediaRead Thomas’ weekly newsletter Democracy Americana

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• 39. The Path to Authoritarianism

  Exactly one month into the Trumpist regime, we reflect on what has happened since Trump returned to the presidency, what might be coming next, and what we have learned about America along the way. We start by discussing Trump’s declaration that the law doesn’t apply to him because he is chosen to “save his nation” (and because he seems to believe he is a king): Such assertions of unchecked power are not just distractions – they are manifestations of what MAGA really is as a political project. We then dive deep into the much-discussed essay “The Path to American Authoritarianism: What Comes After Democratic Breakdown,” written by political scientists Steven Levitsky and Lucan A. Way, published in Foreign Affairs last week. We talk about what the authors get right and where we might disagree – which helps us crystallize some big-picture thoughts about the current state of American democracy. Finally, we each bring up One Big Thing we have been thinking about lately: Lily sees reason for optimism because the corrupt bargain between the Trumpist regime and NYC mayor Eric Adams led to a mass resignation of top Department of Justice officials; Thomas worries about crumbling state capacity as the Trumpist sabotage is destroying the state’s ability to tackle the collective problems we face as a society, which will rapidly make all our lives more dangerous. Show notes:Steven Levitsky and Lucan A. Way, “The Path to American Authoritarianism: What Comes After Democratic Breakdown,” Foreign Affairs, February 11, 2025 https://www.foreignaffairs.com/united-states/path-american-authoritarianism-trumpFollow LilyFollow ThomasFollow the podcast on social mediaRead Thomas’ weekly newsletter Democracy Americana

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• 38. Is the Constitution Still in Effect?

  We take stock of our rapidly escalating constitutional crisis and how our interpretation has evolved over the first few weeks of the Trump regime. We talk about the role of Elon Musk, the political project the feudal tech barons are pursuing, and how Musk’s side coup relates to what the other MAGA factions have been up to: the Project 2025 crew, the America First nativists, and Trump himself. We also zoom in on what the stakes are in the fight over the agencies and departments the Trumpists want to eliminate – specifically USAID: If the regime can just shut down whatever part of the government they don’t like, dissolve agencies created by Congress, ignore existing law, then constitutional government is over – then we are no longer in a constitutional crisis, but in a situation in which an autocratic regime has suspended the constitution and ended democratic self-government. We end with a discussion of why the response by the nominal opposition party has been so fundamentally inadequate so far – and how we might finally be seeing signs of life from a Democratic Party that must abandon politics as usual and instead find ways to make the constitutional crisis visible for the American people.Follow LilyFollow ThomasFollow the podcast on social mediaRead Thomas’ weekly newsletter Democracy Americana

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• 37. Into the Trump Regime

  Is This Democracy is back! And what a time to be discussing the conflict over how much democracy, and for whom, there should be in America. We reflect on the Inauguration and the first 72 hours of the Trump regime: What stood out from the transfer of power on Monday and Trump’s speech(es)? Most importantly: What have we learned from the onslaught of presidential executive orders and proclamations? We try to establish a framework for how to think about what is happening around us: This is not merely a presidential transition, but an attempted regime change. The Trumpists want to change the rules of how the system works and how power is being wielded; they seek to roll back the post-1960s civil rights order; and they aggressively set out to redefine the boundaries of who gets to belong in America, who has a right to be part of the polity. This is an inflection point - a test for the Constitution, the courts, the system. In the regime’s early initiatives, MAGA has, once again, revealed its true face: An ideologically driven project seeking to roll back much of the racial and social progress of (at least) the past century. Follow Lily Follow Thomas Follow the podcast on social media Read Thomas’ weekly newsletter Democracy Americana

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