US November election could produce crisis

Significance Protests and partisan divisions are rife. The COVID-19 pandemic is forcing changes to how the elections will work, with some states promoting postal voting that President Donald Trump claims is a recipe for fraud. The final result could differ decisively from that reported on election night. A smooth transition rests on one candidate conceding defeat. Impacts President Donald Trump could again win the Electoral College but lose the popular vote. Delays to counting mail-in ballots may mean one candidate appears to have a wide lead that subsequently vanishes. The Supreme Court may have to arbitrate the election result. The election result could trigger widescale protests, whether Trump or Biden wins.

Significance Democrats and Republicans have not yet agreed a way out of the impasse over building a US-Mexico border wall that caused the shutdown. President Donald Trump has suggested using presidential emergency powers to build the wall. Impacts If wall-building money came from funds for natural-disaster-hit California or Puerto Rico, Republican support could suffer. Moves to ensure furloughed federal workers get back-pay on government’s re-opening will give Republicans some political cover. Democratic legislative moves to limit presidential emergency powers could gain some Republican votes. Trump would veto any bill curtailing his powers, but he is unlikely to make widespread use of emergency powers. A fight over emergency powers would likely go to the Supreme Court; it might rule for Trump.


Significance However, Republican President Donald Trump is alleging that vote tallies are fraudulent and inaccurate. He is seeking recounts and undertaking lawsuits over alleged vote-counting irregularities. Impacts Two run-off elections in Georgia will determine whether the US Senate stays Republican or is tied 50-50 with the Democrats. Given the type of complaints raised by Trump’s campaign, prospects for a Supreme Court intervention look remote. Controversy over the election result will linger, perhaps until the 2024 presidential election.


Significance President Donald Trump nominated Gorsuch to fill the Supreme Court seat left vacant by Justice Antonin Scalia’s death last year. Congressional Republicans blocked former President Barack Obama’s nominee to fill the vacancy, Judge Merrick Garland, enabling Trump to name a conservative justice to set the balance of the Court after winning the presidential election. At least one Democratic senator has threatened to block Gorsuch’s appointment via upper house procedure. Impacts Future Democratic presidential candidates from the current Senate may suffer in primaries if they allow Gorsuch’s appointment. Gorsuch will help the White House and Congress severely cut back federal regulatory powers. Congressional Republicans are more likely to defy Trump on personnel and policy as his personal influence wanes ahead of the 2020 elections.


Subject Prospects for US politics to end-2017. Significance The shock 2016 election outcome brought President Donald Trump to the White House, with a conservative-leaning majority on the Supreme Court and Republican control over both houses of Congress. However, the Trump administration has struggled to push through federal policy shifts in many areas, whether sought by political allies as they see a closing window for decisive change, expected by investors as US equity markets reach record highs or feared by the White House’s Democratic opponents.


Significance Among the cases the Court will consider in its first two months is one questioning the validity of Puerto Rico’s financial oversight board and another affecting waterborne international trade. Impacts The Court’s term could be clouded by historical misconduct allegations facing Justice Brett Kavanaugh (which he denies). Kavanaugh will not resign from the Supreme Court. President Donald Trump may have the opportunity before 2025, if re-elected, to nominate a third Supreme Court justice. The Court will also decide cases relating to the administration’s immigration policies and transgender discrimination law.


Significance This comes after Democrat Hillary Clinton won the popular but not the Electoral College vote in 2016, allowing Republican Donald Trump to win the presidency. The last time that happened was in 2000, bringing Republican President George W Bush. Impacts Keeping the Electoral College means parties will focus resources on 'swing states' to win. Which states are 'swing states' will vary with demographic change; Electoral College seats are reapportioned post-census. Presidential policy priorities will not be determined only by who elects them, or which states. Some states may reform rules around how their electors cast their votes relative to the state's popular vote for president.


2018 ◽  
Vol 7 (2) ◽  
pp. 291-315 ◽  
Author(s):  
Ewan McGaughey

Abstract What explains the election of the 45th President of the United States? Many commentators have said that Trump is a fascist. This builds on grave concerns, since Citizens United, that democracy is being corrupted. This article suggests the long term cause, and the shape of ideology is more complex. In 1971, an extraordinary memorandum of Lewis Powell for the U.S. Chamber of Commerce urged that ‘[b]usiness interests’ should ‘press vigorously in all political arenas for support’. Richard Nixon appointed Powell to the Supreme Court, and a few years later, despite powerful dissent, a majority in Buckley v. Valeo held that candidates may spend unlimited funds on their own political campaigns, a decision of which Donald Trump, and others, have taken full advantage. Citizens United compounded the problems, but Buckley v. Valeo was the ‘Trump for President’ case. This provided a platform from which Trump could propel himself into extensive media coverage. The 2016 election was inseparable from the social ideal pursued by a majority of the Supreme Court since 1976. No modern judiciary had engaged in a more sustained assault on democracy and human rights. Properly understood, ‘fascism’ is a contrasting, hybrid political ideology. It mixes liberalism’s dislike of state intervention, social conservatism’s embrace of welfare provision for insiders (not ‘outsiders’), and collectivism’s view that associations are key actors in a class conflict. Although out of control, Trump is closely linked to neo-conservative politics. It is too hostile to insider welfare to be called ‘fascist’. Its political ideology is weaker. If we had to give it a name, the social ideal of Donald Trump is ‘fascism-lite’.


Never Trump ◽  
2020 ◽  
pp. 197-220
Author(s):  
Robert P. Saldin ◽  
Steven M. Teles

This chapter explores the creation of Checks and Balances, a new group of conservative legal critics of the Trump administration. From his racist attack on the federal district judge ruling on the Trump University case and suspicions that he would appoint his own sister to the Supreme Court, to his threats to revise libel law so as to silence his rivals and his nearly total lack of constitutional discussion, Donald Trump was almost no prominent conservative lawyer's first choice. Once he dispatched all his Republican rivals, however, conservative lawyers were in a quandary. The death of Antonin Scalia, the most celebrated conservative jurist of his generation and a leader of the conservative legal movement, put the future of the Supreme Court squarely on the ballot. Once the character of Trump's governance became clear, Checks and Balances emerged to criticize the administration's legal conduct.


Subject The politics surrounding impeachment of Supreme Court judges. Significance A cross-party grouping in the Senate has refused to support the impeachment of three Supreme Court judges. This represents a major political setback for President Horacio Cartes and the first opposition victory in Congress since he took office in August 2013. The decision will put pressure on Cartes to accept their demand for a wholesale reform of the Supreme Court. Impacts Cartes faces internal Colorado Party opposition to his re-election ambitions. Congressional opposition to the Supreme Court's impeachment plans will weaken Cartes within the party. The process will do nothing to strengthen the credibility of supposed anti-corruption measures.


Significance In April, similar action was taken against nearly 9,000 other non-profits. These moves are part of intensifying clashes between the government and civil society. Many NGOs are vocal opponents of Modi's key policies, and the government is frustrated at their perceived ability to harness popular opposition and use the judiciary to stall key projects. Impacts Government efforts on coal (and to a lesser extent nuclear energy) will still encounter NGO resistance. The Supreme Court may become embroiled in the NGO-government clash, portending costly and lengthy battles for investors. Western governments are likely to be more sensitive to Modi's regulatory crackdown, risking hurdles in improving diplomatic ties.


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