“Tied To The Party’s Nominee”: Why Donald Trump Is Big Trouble For Republican Senators And Congressmen
Mitch McConnell can always be counted on to put a brave face on things. Asked on CNN’s State of the Union on Sunday whether he’s encouraging Republican Senate candidates to distance themselves from Donald Trump should he be the party’s nominee, McConnell essentially said that it isn’t a problem. “We are going to run individual races no matter who the presidential nominee is,” McConnell said. “Senate races are statewide races. You can craft your own message for your own people. And that’s exactly what we intend to do this fall, no matter who the nominee is.”
It’s certainly what many of them will try to do. But can they get away with it?
A few might. But distancing yourself from your party’s leader may be harder now than it has ever been.
To see why, we have to start with an understanding of how much information voters have about different candidates. We can think about a kind of information hierarchy, the top of which is the presidential race. That contest will dominate all the news sources people have about politics: newspapers, local and national TV news, social media, even the conversations they have with family, friends, and co-workers. If the race is between Trump and Hillary Clinton, the clash of these two big, controversial personalities will dominate the news.
The next level down is races for Senate or governor — amply funded, and featuring incumbents with whom people have at least a passing familiarity, but not nearly as prominent as the presidential race. You’ll absolutely hear Trump and Clinton’s messages, whether you believe them or not, but with the lower offices, it’s a challenge just to get the candidate’s name and face in front of people. Go to House seats, and then farther to state legislature or local races, and voters hear only the occasional snippet, drowned out by everything else that’s going on.
That means that it can be difficult to convince voters of something a bit complicated, something that requires them to undo their default assumptions. And one of those assumptions is that candidates from the same party are going to be partners.
Split-ticket voting (choosing one party’s candidate for president and a different party’s candidate for lower offices) has declined in recent years, which is understandable in an era of partisan polarization and tight party unity. Half a century ago, when both parties contained a relatively broad ideological spectrum — for instance, the Democratic Party had both Northern liberals and Southern conservatives — it made more sense to view an individual senator or congressman as a free agent who might act independently of his or her party. But today, most important votes break firmly along partisan lines, which means that your senator is probably not going to surprise you, or the president, with anything he or she does.
That’s not to say there are no more maverick legislators who frequently abandon their party to support the other side’s position. There are a few, like Joe Manchin (D-W.Va.) or Susan Collins (R-Maine). But there are fewer of them after every election, and they’re almost gone. The more party unity there is, the more every race is nationalized.
So a message like, “I don’t agree with my party’s leader, even though I will sometimes, but not at other times, and I agree with you that he’s a jerk” is going to be less persuasive now than it might have been at another time.
This could be especially tricky for the Republican incumbents representing swing states. We often think of “purple” states as containing mostly moderate voters, but that’s often not the case. Instead, they may have roughly equal numbers of strong liberals and strong conservatives. You can see that in places like Iowa and Wisconsin, both of which will have incumbent Republican senators facing serious challenges this year. That makes things complicated for those Republicans — they don’t want to alienate the Trump fans who will be coming out to vote for president, but they also don’t want to push away voters who can’t stand him.
And you can bet that in nearly every competitive Senate race, there are going to be ads targeting the Republican that will try to tie him or her to the Republican presidential nominee, particularly if Trump’s popularity stays as low as it is now. “Senator X stands with Trump,” they’ll say, as sinister music plays in the background. “Demeaning women. Threatening immigrants. Encouraging violence. Is that what we want representing us? Tell Senator X and Donald Trump that our state says no thanks.”
Some Republican incumbents are running in extremely conservative states, in which case they probably don’t have to worry. But others will face two questions: Whether they even want to distance themselves from Trump, and if they do, whether they can do it successfully. One thing’s for sure: it isn’t going to be as easy as Mitch McConnell would have you believe. And the farther you go down the ballot, the harder it’s going to get.
By: Paul Waldman, Senior Writer, The American Prospect; Contributor, The Week, March 22, 2016
“The Supreme Court Fight Is About Democracy”: Conservatives Want To Bring Back Pre-New Deal Jurisprudence
There’s a reason beyond garden-variety partisanship that Senate Republicans resist even holding hearings on President Obama’s nomination of Merrick Garland to the Supreme Court. Their gambit evades a full and open debate over the conservative judicial agenda, which is to use the high court in an aggressive and political way to reverse decades of progressive legislation.
The central irony here: The very conservatives who use “judicial activism” as a battering ram against liberals are now the aggressive judicial activists. It’s precisely because Garland’s record reveals him to be a devout practitioner of judicial restraint that an intellectually frank dialogue over his nomination would be so dangerous to the right. It would expose the radicalism of their jurisprudence.
Some conservatives are quite open about this, and few have been more candid than George F. Will, my Post colleague. To begin with, he deserves credit for making clear in his most recent column that Garland really is a stout advocate of judicial “deference” and for pointing out the absurdity of the Republicans’ refusal to take up his nomination. And in the past, Will has been unusually direct in defining the stakes in our battles over the role of the courts.
In a 2014 column aptly headlined “Judicial activism isn’t a bad thing,” he wrote: “Conservatives clamoring for judicial restraint, meaning deference to legislatures, are waving a banner unfurled a century ago by progressives eager to emancipate government, freeing it to pursue whatever collective endeavors it fancies, sacrificing individual rights to a spurious majoritarian ethic.”
Will’s attack on “a spurious majoritarian ethic,” of course, is another way of criticizing the workings of democracy. Where does this lead?
It leads to the Citizens United decision (which Will supports as emphatically as I oppose it) that overthrew decades of precedent and a century of practice involving limits on the power of big money in politics; to the Supreme Court’s evisceration of the Voting Rights Act; and to the scrapping of all manner of legislation aimed at protecting workers’ rights, the environment and consumers. Historically, it’s an approach that, more often than not, leans toward employers over employees, creditors over debtors, property owners over less affluent citizens, and corporations over individuals.
We know what this approach looks like because it’s the one the court pursued for decades before the New Deal. It is this pre-New Deal jurisprudence that conservatives want to bring back. Some conservatives have talked openly about the “Constitution in Exile,” referring to the way our founding document was once read to overturn many New Deal and Progressive Era laws. Starting in the late 1930s, the court moved to a different approach that gave Congress broad latitude to legislate on matters related to social justice and economics and saw its task as intervening primarily on behalf of individual rights.
Will’s outright embrace of “judicial activism” has brought him some critics on the right. One of them is Ed Whelan, president of the Ethics and Public Policy Center and a leading defender of the Senate Republicans’ current strategy. “Most contemporary conservative proponents of judicial restraint,” Whelan has written, “are also proponents of originalism and see judicial restraint merely as supplementing originalist methodology when that methodology fails to yield a sufficiently clear answer to a constitutional question.”
Whelan added that his approach would, like Will’s, allow judges to “enforce the rights, and limits on power, that the Constitution, fairly construed, sets forth.” But it would also “prevent judges from inventing rights and powers that are not in the Constitution.”
Here’s my translation of Whelan: He’s instructing Will to notice how originalism — the conservative theory that insists we can apply the original meaning of the Constitution’s words and the Founders’ intentions with some ease — leaves judges with plenty of power to toss out progressive laws. At the same time, it gives conservatives grounds to oppose liberals on such issues as abortion and gay marriage.
I’ll stipulate that there are some legitimate conservative arguments against liberals on their own forms of social-issue activism. But I’d insist that we will understand this court battle better if we pay attention to Will’s straightforward language: Through originalism and other doctrines, conservatives have embraced an astonishingly aggressive approach to judging. It allows them to reach outcomes through the courts that they cannot achieve through the democratic process.
At heart, this is a debate over how we define democracy. It’s also a struggle over whether government will be able to serve as a countervailing force to concentrated economic power.
By: E. J. Dionne, Jr., Opinion Writer, The Washington Post, March 20, 2016
“Jim DeMint Looking Over His Shoulder”: Trump Made A Big Promise Aimed At Winning Over Nervous Conservatives
It sort of got lost in competing news about his efforts to seem a mite more normal now that he’s almost certain to head to Cleveland in July as the leader in delegates, if not the putative nominee, but Donald Trump made a very unusual and highly significant promise aimed right at the beating heart of movement conservatism:
Speaking at the construction site for his new hotel in Washington, D.C., Monday, Trump said he will make a list public in the next week of 10 conservative judges that he would consider nominating to the Supreme Court. If elected, Trump said, he would only pick from that list, which is being made in consultation with the conservative Heritage Foundation.
He first made that promise over the weekend in Florida, and he seems to want to make sure it’s widely heard. This means somebody is giving him good advice about how to address the concerns of conservatives about his ideological reliability.
Of all the things they fear about a President Trump, the most urgent is that he will throw away a once-in-a-generation opportunity to reshape SCOTUS and constitutional law. And of all the temptations they have to hold their noses and support the man despite all of his heresies and erratic behavior, the most powerful would be the confident belief that at least he would position the Court to overrule Roe v. Wade, protect Citizens United, overturn Obama’s executive orders, eviscerate regulation of businesses, inoculate religion-based discrimination, and maybe even introduce a new Lochner era of constitutionally enshrined property rights. This would be a legacy that might well outweigh the risks associated with a Trump presidency.
Promising to make his SCOTUS list public right now is smart, because otherwise it’s an empty promise, and involving the Heritage Foundation in developing it is key to its credibility. Not only has Heritage had a long history of vetting Republican appointees; its current president, Jim DeMint, is arguably the most reliable of “constitutional conservatives,” a man who believes conservative policy prescriptions ought to be permanently protected from the occasional liberal majority via a divinely inspired and unchanging Supreme Law.
Bonding with conservatives over SCOTUS makes some psychological sense for Trump as well. Nothing symbolizes the betrayal of the conservative rank and file — whose abiding exemplar is arguably the humble anti-choice activist staffing phone banks and licking envelopes to protect the unborn from “baby-killers” — by those GOP elites in Washington better than the long string of Republican SCOTUS appointees who have turned out to be traitors to the Cause, from Roe v. Wade author Harry Blackmun to the generally liberal John Paul Stevens and David Souter to the current Obamacare-protecting chief justice. If Trump can break that pattern with Jim DeMint looking over his shoulder, maybe he won’t be that bad for conservatism after all.
By: Ed Kilgore, Daily Intelligencer, New York Magazine, March 22, 2016