Autocracies, by their nature, flood the zone with so many outrages, abuses, and affronts to democratic norms that they can destabilize and discombobulate the opposition. As we struggle to identify new offenses and scrutinize which matters are relevant and which are not, democracy defenders occasionally must step back to see how they are advancing the larger cause of democracy.
Unfortunately, this has sometimes encouraged unnecessary and premature speculation about the 2028 race. It is tempting to think that if Democrats only clear the field for the “right” candidate, democracy could be secured. That is foolishness on stilts. We have no way of predicting who will emerge and be the best nominee. Moreover, the damage Donald Trump has wrought demands much more than a winning 2028 ticket.
While the 2028 presidential field will sort itself out in time, Democrats have critical work in the interim, namely building consensus for a positive pro-democracy agenda that goes beyond reversing Trump’s legacy.
Democrats (unlike 2020) must, as a party, be foursquare behind a reform agenda that ensures no future president can duplicate Trump’s tyrannical maneuvers. Democrats can vigorously debate everything from Supreme Court expansion to financial reform for the executive branch, all to forge an identity as the reform party that will permanently drain the swamp. But they also need an organizing message, a unifying identity to place them on the side of democracy and prosperity for all and against an autocratic oligarchy.
A “Democracy Revival 2028” (better than “The Contract with America”), first and foremost, could set down markers that candidates can rally around. Policy decisions (e.g., green energy, healthcare, taxes) can be sorted out by the candidates, but surely everyone running under the Democratic banner can coalesce behind certain rock principles on due process, civil rights, and ending executive power grabs.
For example, if it was not clear before, Democrats have been reminded that democracy cannot tolerate a rogue autocrat with unchecked power to drag us into wars. Democrats, appealing to a broad cross-section of Americans, can champion a more robust War Powers Resolution, specifying that military forces cannot be deployed in an ongoing war without congressional authorization. It is long past time to end the imperial presidency’s assumption of unilateral action to start wars.
In addition, Democracy Revival 2028 could include items such as tough Hatch Act penalties, a mechanism to nix foreign emoluments, expansion of the Supreme Court with term limits, a bar on presidents’ private business dealings, limits on all presidential “emergency” provisions, nonpartisan redistricting, severe penalties for attempting illegal executive impoundment, voting rights restoration, enhanced workers’ rights to organize, legislation to overturn court precedent that has virtually eliminated suits for deprivation of civil rights (“Bivens” suits), statutory protection for abortion rights, and an annually renewed “democracy entitlement” fund for election administration and security. Items as specific as barring the use of masks and non-uniformed ICE agents, strengthening Posse Comitatus, and protecting independent agencies from political intimidation should not be neglected.
Democrats can debate the particulars of these ideas, but no Democrat should quibble with the restoration of the Voting Rights Act or preventing the president from engaging in the sort of corruption we have seen from Trump.
It is essential not to aim too low. Restoration of democracy will be a multiple-election endeavor. Democrats must get cracking if they want to build national consensus even on items that require constitutional amendments (e.g., beef up impeachment by lowering the threshold for Senate removal, add a constitutional right to vote, and undue Citizens United).
Building on resistance among law firms, businesses, and universities to authoritarian bullying, Democrats can champion efforts to protect NGO’s, academic freedom, scientific research, and the press from authoritarian predation, including criminal penalties for use of tax, or regulating power to circumscribe First Amendment rights.
Republicans made the capture of courts a multi-decade endeavor that consistently engaged their base; Democrats must recapture our democracy using a similar guiding principle around which the base can organize over a decade or longer.
To be certain, not all Democrats will agree on the particular solutions (e.g., how broad should Posse Comitatus reform go). However, they can enlist the best constitutional minds and historians while soliciting input from retired judges, lawmakers, governors, and Cabinet members. Every Democrat from Sen. Bernie Sanders (I-Vt.) to Sen. John Fetterman (D-Pa.) should be able to support guardrails that will undo Trump’s autocracy and prevent the next one that comes along.
Democracy in the abstract is not a political winner. But the particulars (union rights, abortion rights, restricting deployment of military to the streets) are overwhelmingly popular.
Democracy defenders cannot block all of Trump's destructive schemes. The true test will come at the ballot box under the banner of reform and restoration. Now is the time to set the stage for massive MAGA defeats and to craft a pro-democracy agenda for the future. In forcing those extremist Republicans to defend a tyrannical executive, deprivation of core civil rights, and an imperial, geriatric Supreme Court, Democrats will leave no doubt as to which party embodies the spirit of democracy and commitment to the rule of law.
Jen is a national treasure, wouldn’t you say?
I would add some bipartisan controls on presidential pardon powers to your list of reforms.