The Constitution does not specify that the State of the Union address (SOTU) must be verbally delivered. We have President Woodrow Wilson to blame thank for that innovation. The SOTU need not be given every year. The Constitution merely states that the president “shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient.”
And from such an innocuous provision, we find ourselves saddled with an overstuffed speech every year. (For a president’s first year in office, it is deemed an address to a joint session of Congress). The SOTU invariably turns into a long, boring laundry list of warmed-over and half-baked proposals. We would be hard pressed to come up with a single memorable line from any SOTU. Even under normal circumstances, I would recommend the chief executive forgo a speech and instead send a letter (or text!) — or at least keep it to a brisk 30 minutes.
However, in Donald Trump’s tenure, the SOTU has become something much more loathsome. Invariably, he uses his time to deliver poisonous harangues dripping with lies and anti-immigrant venom. Surely, we can do without Trump’s in-person SOTU.
Let’s start with one group who should never attend these events. No self-respecting justice on the Supreme Court should appear at a partisan hate fest, especially just days after an egregious attack on judicial independence. (Why do they wear robes, by the way? Presumably outside of court they don’t wear them around town.) Just days ago, Trump snarled at Justices Neil Gorsuch and Amy Coney Barrett, who voted with the majority to strike down the tariffs: “I think it’s an embarrassment to their families, you want to know the truth, the two of them.”
Far worse than that childish taunt was his baseless accusation that foreign actors control the justices (“fools and lapdogs”):
Well, I think that foreign interests are represented by people that I believe have undue influence, they have a lot of influence over the Supreme Court. Whether it’s through fear or respect or friendships, I don’t know. But I know some of the people that were involved on the other side, and I don’t like them. I think they’re real slimeballs.
(Simply because Vladimir Putin yanks him around, perhaps he thinks others must be stooges as well.) In pronouncing that agreement with him is the only acceptable outcome, Trump undermines the high court as an institution and makes justices a target of his most unhinged supporters. (“They’re very unpatriotic and disloyal to our Constitution,” he raged.)
Any justice concerned about defending the integrity of the court should refuse to normalize this president by appearing or applauding or otherwise pretending this event represents inter-branch comity. What are they to do if Trump vilifies the court and/or insults them to their faces?
Minority Leader Hakeem Jeffries, trying to prevent another shouting match, has suggested Democratic members either sit silently or not attend. No one should take the “sit silently” option. Democrats by now must recognize that treating a lawless, authoritarian leader as an ordinary president (e.g., referring to him by the honorary “Mr. President,” approving any nomination, or attending functions, including the State of the Union) makes them appear morally obtuse and politically tone deaf.
Democrats should snap out of it. Until legal and political accountability can be imposed on Trump, the response to his shredding the Constitution and perpetuating a pedophile coverup must be consistent, unceasing moral opprobrium. Pretending that Trump is properly carrying out his constitutional duties and, worse, turning a blind eye to his offensive behavior will further undermine American values and democratic norms.
In straining to rationalize the choice to show up, Democrats sometimes spout bromides such as: “Democrats should not give Republicans an excuse to treat a future Democratic president this way.” By that they mean that they imagine Republicans would need an excuse to withhold courtesies owed to a Democrat president. Nonsense. (I seem to remember MAGA Republicans shouting at President Joe Biden during his State of the Union addresses.)
Trump is different; he gets treated differently. If a Democratic president routinely undermined democracy and dissembled about his association with a pedophile, I would likewise urge no one attend his State of the Union either.
The other excuse one hears is that “Americans want to see we can work together.” First of all, a huge segment of the country wants Congress to block Trump’s odious agenda and unconstitutional assaults on our democracy.
Moreover, this sentiment suggests a cringe-worthy level of naivete. Just days ago, Trump (after smearing the justices who didn’t cozy up to him) unilaterally imposed new tariffs, refusing to go to Congress as the Constitution requires. Likewise, he has no intention to consult with, let alone get permission from, Congress before launching a war against Iran. In the face of such contempt for Article I, lawmakers should not extend the sort of deference reserved for presidents who respect the Constitution and the other two branches. (Senate Minority Leader Chuck Schumer said Friday on MS NOW that he would go because he “respected the institution.” I am mystified how providing an audience for Trump’s verbal temper tantrums would demonstrate respect for the institution he would be defiling.)
In any event, Democrats have the perfect excuse not to attend: They have a scheduling conflict. The “People’s State of the Union,” recognizing victims of Trump’s outrages, will be held at 8:30 p.m. on the National Mall. Several lawmakers have already announced they will attend. As Sen. Chris Murphy (D-CN) said in a press release:
“Donald Trump has made a mockery of the State of the Union speech. Democrats have no obligation to reward him with an audience as he lies and attacks people who disagree with him.”
Alternatively, Democrats can attend another event at the National Press Club, styled as a rebuttal to the SOTU (running from 7-11 p.m.). The organizers explain, “The event will bring together elected officials, cultural figures, journalists, veterans, and organizers for a live counter-address focused on defying Donald Trump’s abuses of power, including officials who previously advised Trump.”
In short, Democrats (and definitely Supreme Court justices) have every reason to steer clear of the SOTU. When asked why they are not attending, Democrats should reply: “We do not treat a lawless autocrat who attacks our democracy, demonstrates contempt for Congress, and covers up for pedophiles like a normal president.”
Next year, if Democrats win control of Congress, they should seriously consider declining to invite him to insult them in person. Frankly, so long as an unhinged constitutional arsonist sits in the Oval Office, the SOTU is a tradition we should extinguish.
Thank you, yes. Not one single reason to sit for lies, gaslighting and abuse.
I am going to adopt this sentence: "Democrats should snap out of it!" Thank you for that clear and unequivocal message. Respecting the office by someone who disrespects it is silliness, at best.