RICHARD SAMUELS:
Welcome, everybody, and thank you very
much for joining us. I'm Richard Samuels, the
Director of the Center for International
Studies here at MIT. And appreciate your
making time to participate in this virtual Starr Forum
to discuss Democratic failure. Which is, of course, a
provocative and sadly, very timely subject. As many of you will recall,
after the demise of the Soviet Union at the end
of the Cold War, we became familiar with the
notion of failed states. At that time, we had the luxury
of looking in from the outside. And we looked in triumphantly. And that was a long time ago. And the Soviet Union was
an authoritarian state. Since then, and really
before the Trump presidency, scholars and journalists
began to focus on how inequality,
elitism, trespass norms, broken social contracts,
racism, failed institutions, and generally, the loss
of trust can undermine Democratic process as well. Now, of course, we felt those
crevices being pried open. Pried open further. Suddenly, really,
with shocking force and disturbing consequences. We find ourselves
wrestling with and fretting about the possibility that our
upcoming election might not only be adjudicated
in the courts, but also on the streets. Now, I come to the
subject as an outsider. I'm an American
political scientist. But I don't study
the United States. I'm a Japan specialist who, a
few years ago, began a project in Japan, on the far right. That was in the mid 2010s. Of course, by then, Japan was
already a robust democracy. But it was a moment when
nationalist voices denying the atrocities in
Nanjing extolling the virtues of
Japanese expansion in mid-20th century
Asia and calling for a reversal of
Japanese apologies for its wartime aggression
were becoming full-throated. Most of the discourse
there remained within the bounds of
Democratic politics, certainly within the
bounds of free speech. But a number of hate
groups felt emboldened to spew deeply ugly
vitriol against minorities in public demonstrations in
Japan's minority neighborhoods and in Tokyo, and
Osaka, and elsewhere. All that was made all the more
alarming, both for Japanese and for foreigners who knew the
history of so-called violence specialists. Same goes for the
thugs who had been hired by legitimate
political parties and who prefigured a moment
when Japan's government, by assassination,
would gain traction in the interwar period. We know how all this came out. It was a disaster for
Japan, for its neighbors, and for many others as well. But fortunately, however,
this time, the Japanese public remain vigilant and
wouldn't have any part of extremist nationalism. They defended their democracy. Their government, an
elected conservative one, consolidated power and quieted
much of the hate speech. Now, this was a very
welcome outcome. But it was also a
lesson that activism at the fringes of
civic responsibility and respectability in a
country with a history of political violence and
military government demands vigilance. As we all know, the
imagined close call in Japan was not all there was
to be concerned about. Subsequent news from
Dresden, from Budapest, from Ankara, most recently
from Hong Kong and elsewhere, have been much more unsettling. Much more. And so has been the news
from Portland, and Kenosha, and Lansing, and Washington,
DC, all here in a country with its own history of
violence and repression. As we'll hear today,
incivility just may be a part of the
DNA of every democracy. My point, and the organizing
idea behind this forum, is just very straightforward. It's the connection of
violence to democracy, incivility to democracy
is not merely foreign. And it's not merely historical
but it's both of those as well its elements
are universal and they reside within all civic
nations, including our own. And it behooves us
to understand how. And it behooves us
to understand why. So that's the task before our
four distinguished panelists. Each of whom has thought about
these issues in much greater depth than I. They'll
begin with a review of how elected
leaders routinely have subverted Democratic
institutions and allowed democracies to
slide into authoritarianism. Then we'll focus in order
on Germany, then on India. And then we'll return
to the United States. They'll ask what drives
Democratic systems apart and what, if anything,
still drives them together? How do they survive? Why do they fail? So let me introduce
our panelists. Steven Levitsky is the
David Rockefeller Professor of Latin American Studies and
the Professor of Government at Harvard University. He's the co-author, with Daniel
Ziblatt, of How Democracies Die, which was a New
York Times bestseller, and has been translated
into 22 different languages. He's also co-author of
Competitive Authoritarianism: Hybrid Regimes
After the Cold War. The aforementioned
Daniel Ziblatt is Eton Professor of the
Science of Government, also at Harvard, who specializes
in the study of Europe, and the history of democracy. And in addition to
How Democracies Die, he's also the author
of Conservative Parties and the Birth of Democracy. The full cycle here. It's a historical account
of Europe's democratization. Which won the American Political
Science Association's Woodrow Wilson prize for the Best Book
in Government and International Relations and the American
Sociological Association's Barrington Moore prize. Neeti Nair is
Associate Professor of History at the
University of Virginia. She teaches South Asian
History with a special emphasis on colonialism,
nationalism, decolonization, and the afterlives
of the partition of the Indian subcontinent. She's a global fellow at the
Woodrow Wilson International Center for Scholars, and the
author of Changing Homelands: Hindu Politics and the
Participation of India. Our final speaker this
afternoon is Susan Hennessey. She's the Executive Editor of
Lawfare, the popular and very influential podcast,
and general counsel of the Lawfare Institute. She's also a Brookings Fellow
in National Security Law. Prior to joining
Brookings, Susan was an attorney at the Office of
General Counsel of the National Security Agency
and is co-author, with Benjamin
Wittes, of Unmaking the Presidency: Donald Trump's
War on the World's Most Powerful Office. OK. So the forum will proceed in
the order of their introduction. You'll find the Q&A feature
on the bottom toolbar. Please type in any
questions you have there, and please try to
remember to identify to whom you're addressing them. I'll field them after
the speakers have each made their remarks. And now I'll get out of
your way and hand things over to Professor Levitsky. Steve? STEVEN LEVITSKY: Thanks, Dick. And thank you to the
forum, for the invitation. It's an honor to be here. So democracies do not die
the way they used to die. Democracies used to die at
the hands of men with guns. During the Cold War,
three out of every four democratic breakdowns
took the form of a classic military coup. Like Pinochet in Chile,
or Franco, in Spain. Today, democracies die
in much more subtle way. They die at the hands
not of generals, but of elected leaders;
presidents, prime ministers, who use the very institutions
of democracy to subvert it. They use elections,
plebiscites, acts of Congress or parliament, court rulings. This is Putin, Chavez,
Erdogan, Orbán in Hungary. What we think is so dangerous
about this electoral road to autocracy is that it happens
behind a pretty credible facade of democracy. There are usually no
tanks in the streets. The Constitution usually
remains, more or less, intact. Elections are still held. Congress continues to function. As a result, many
citizens aren't fully aware of what's happening,
often, until it is too late. The question is, how
does this happen? And Daniel and I, in our book,
argue that Democratic politics requires something
we don't always think that much about in
politics, which is forbearance. A shared willingness on the
part of the political elite to deploy their institutional
authority with restraint. Effectively, to not use
the letter of the law to subvert its spirit. This slide into electoral
authoritarianism is almost always
accompanied by the use of what is now commonly called
constitutional hardball, the very explicit use
of the letter of the law to subvert its spirit. There's three steps
that are quite common in all of these cases. Almost invariably, first
an elected autocrat starts by capturing
the referees. I'm going to use a sports
metaphor because I've been missing sports, in general. "Capture the referees"
means purging and packing law enforcement, intelligence,
tax, judicial agencies. Packing the courts, in effect. Controlling the referees. Controlling what
are supposed to be the arbiters of
political conflict allows governments to shield
themselves from prosecution, and to use the courts
and law enforcement agencies as weapons
against their rivals, to engage in lawfare. A second step, once you
control the referees, is to use the control
of those referees to begin to sideline the
opposing team's players. This means using your tax
and regulatory agencies. Using law enforcement
bodies, Intelligence offices, to begin to investigate,
threaten, sometimes punish, independent media,
important business people who may finance
the opposition, and opposition figures. This may, in the
most extreme case, it might mean the
jailing or exile of key independent figures,
journalists, editors, newspaper owners. But more often, it's a much more
subtle process of cooptation and a kind of
bullying into silence. The third step is
institutionalization. It's beginning to
change the rules in ways that tilt the playing field. This may involve
electoral gerrymandering, reconfiguring the
electorals in ways that grossly favor the incumbent. But also, political party
rules, campaign finance rules, media access rules. Done brilliantly, for example,
in both Hungary and Venezuela in ways that seriously
disadvantage the opposition. So the outcome,
the result, is what Lucan Way and I call competitive
authoritarianism regime. That is formerly Democratic,
in which there continues to exist electoral competition. But in which the playing
field is pretty heavily skewed against the opposition. Now, how do you get there? There actually are
not that many cases of full-scale Democratic
de-consolidation in the world. Established fully-Democratic
regimes that then slide into competitive
authoritarianism. Hungary is a clear case. Venezuela is a clear case. Maybe Poland. Maybe India. Hopefully not the United States. Philippines, is
arguably another case. OK, maybe El Salvador. But there are not a ton of
cases in the early 21st century. What has to happen
for this to happen is parties, political parties
that had been using restraint, political parties
that had largely been engaging in
forbearance, somebody's got to stop doing that. Somebody's got to stop
playing by Democratic norms and to engage in hardball. So you need both
motive and capacity for a party to shift
in a more hardball or dirty-politics direction. There are a bunch of routes. I want to just very quickly
present to two possible routes to this outcome. One of the most common in
Latin America is populism. Populists mobilize
poor or marginal voters against the establishment and
establishing institutions. They campaign
explicitly on a pledge to do away with the old
system, to drain the swamp, to bury what they depict as a
corrupt and unrepresentative oligarchy. Now, sweeping away the
old political elite and its institutions is
a pretty radical mandate, when you think about it. But it is exactly what these
guys are elected to do. They're not elected to change
tax policy or trade policy. They're elected to give the
old elite a punch in the gut. That's what, in essence, the
populists are elected to do. The problem is, the corrupt and
unrepresentative institutions that populists rail
against, that they promise to sweep away, are
things like legislatures, political parties,
Supreme courts. In fact, when a populist
wins the presidency, almost invariably, he or she finds
that the old elite that they've been railing against
still controls these other institutions. The traditional parties still
have a majority in Congress. They're the appointees
of the original parties sit on the Supreme Court and
other independent agencies. For a political outsider who
has been elected on a pledge to do away with the old system,
that creates a real incentive to assault these institutions. To try to bully or close
or circumvent Congress. To pack the court. To rewrite the
rules of the game. If you are elected on a
platform of doing away with the old political league,
to then sit down and negotiate policy with that
league, which is what you have to do normally,
it's a betrayal of your electoral mandate. And betraying a populous
electoral mandate can be politically costly. So populist presidents,
it's not just that they're illiberal people. It's that they've got a
political incentive to assault Democratic institutions. That's a recipe for crisis. It's a recipe for a conflict
between a populist outsider who has promised to sweep away
the corrupt, unrepresentative elite. And a political elite that
often views these institutions. Congress, Supreme Court,
other independent agencies, as a last bastion of defense. Populist presidents sometimes
lose these showdowns. I could give you
examples, but you probably have not heard of them. Because they lost these
showdowns and disappeared into the dustbin of history. But they usually win them. They usually win them because
when a newly-elected populist takes on the old
political elite, public opinion usually tends
to favor the president. This is people like Fujimori
in Peru, Chavez in Venezuela, Erdogan in Turkey. Correa, in Ecuador, had
70%, 80% approval rates when they began their assault
on Democratic institutions. The opposition's lack of
support is often reinforced by organizational weakness. Populists generally win. This is not the case in the US. But populists
generally win elections when established political
parties are in crisis. As a result, the
opposition tends to be quite fragmented
and disorganized. Which makes it really
hard to mobilize against an abusive president. When a populist president
takes on a weak, discredited fragmented elite, the
populace usually wins. And when the populist wins,
the result is very, very often a skewed playing field. With 70% or 80% support, with
a fragmented, weak opposition, presidents could
concentrate a ton of power. They can close Congress. They can elect a new one with
a pro-government majority. They can pack the courts. They can pack
electoral authorities. They can pack other
state institutions. They can rewrite electoral laws
to weaken political parties. And in some cases, they can
rewrite the Constitution in ways that strengthen the
incumbent at the expense of their opponents. So all of this is a recipe for
competitive authoritarianism. So populists with big
electoral majorities are one obvious
path from democracy into competitive
authoritarianism. But another factor,
may be less common but I think more relevant
to the United States, that Daniel and I have been
thinking about in recent months is not so much big populist
victories or big majorities. But rather, almost the opposite. Fear of losing. When losing becomes,
for a political party, something of an
existential threat. I just want to spend a
couple of minutes on this. Then I will cede the word. Democracy requires that
parties know how to lose. That means when we lose an
election we accept defeat. We go home. We get drunk. We regroup. And we get ready to
play again the next day. But for parties to
lose graciously, two conditions have to hold. First of all, parties
have to believe they stand a chance of
winning again in the future. And second, parties have to
believe that losing will not bring some kind of catastrophic
or ruinous consequences. When politicians
fear that they're not going to be able to
win future elections, or when they believe that
defeat will bring catastrophe, the stakes rise, very high. Politicians' time
rise is narrow. And sometimes they throw
tomorrow to the wind and in favor of sort of
any-means-necessary strategy in an effort to win today. In other words, it
is often desperation that leads politicians
to play dirty. It's fear of losing. Daniel, who you hear from
him in a couple of minutes, found this dynamic
in his research on 19th-century Germany. German Conservatives at
the end of the 19th century were terrified by the prospect
of universal suffrage. For them, giving the working
class the right to vote meant not only the
Right's electoral demise, but the demise potential of
the entire aristocratic order. In the face of that
perceived existential threat, Conservatives played
dirty for decades. Using fraud and repression to
hold onto power all the way into World War I.
Closer to home, think about Southern
Democrats after the Civil War. Reconstruction,
the 15th Amendment brought widespread
Black enfranchisement across the US South. African-Americans constituted
either an outright majority or a near majority in just
about every Southern state. So they're enfranchisement. Mass enfranchisement
of African-Americans scared the bejesus out
of Southern Democrats and their supporters. Not only did Black suffrage
potentially threaten, or almost certainly threaten the
Democrats' electoral dominance, but it threatened to overturn
the entire racial order in the South. Facing what they perceived
to be an existential threat, Democrats in the US
South played dirty. Between 1885 and 1908, all
11 post-Confederate states passed laws or
constitutional reforms that allowed the
use of poll taxes, literacy tests,
property requirements, residency requirements,
to effectively eliminate African-Americans'
right to vote. Black turnout in the US
South fell from 61% in 19-- in 1880, excuse me, to 2%. 2% in 1912. Unwilling to lose,
Democrats in the South stripped the right to vote for
nearly half the population, ushering in nearly a century
of authoritarian rule. Daniel and I fear-- I should speak for myself. I fear that something similar
is happening to the Republican Party of the US today. Republican medium-term electoral
prospects are pretty dim. Republicans are an
overwhelmingly White Christian party. But White Christians,
as everybody knows, are a declining portion
of the US election. 1992, when Bill
Clinton was elected, White Christians were
73% of the electorate. By 2012, Obama's re-election,
they were down to 57% . By 2024, they'll
likely be below 50%. It's worse than that, though. Because younger voters are
overwhelmingly Democratic. In the midterms last year,
midterms 2018, people 18 to 29 voted by more than 2 to 1 margin
for the Democratic parties. 30-something's
voting 60% Democrat. But it isn't just
that Republicans face a bleak electoral future. It's that the
Republican base has come to view defeat as catastrophic. Many Republican voters fear
that they're on the brink not just of losing elections,
but of losing their country. The very idea of a
White Christian America seems to be slipping away. So like the old
Southern Democrats, Republicans have increasingly
an incentive to play dirty. I will stop there. Thanks. RICHARD SAMUELS: Thanks
very much, Steve. You've given us a lot to think
about and set the table for us. Daniel? DANIEL ZIBLATT: Yes, great. Thank you so much. Thanks, also, for the invitation
and the opportunity to talk. I want to begin just by saying
that I, of course, agree with everything my
co-author has just said. But I will say
something different, because I was asked to
reflect on a different topic. But in many ways, I may end
up in a very similar spot as Steve, perhaps
unsurprisingly. But I was asked to talk about
and to give some reflections on the case of Weimar, Germany. Weimar, Germany, of course,
was Germany's first very, very brief experiment with democracy
that came about after World War I, 15-year experiment. I want to think about that case
and dig into that case a bit in my 15 minutes,
to think about what are some lessons of that case? There's a lot that one
could say about this. But I really want to emphasize
just one main lesson. And I'll get to that. I think the Weimar experience
can help us help teach us about the contemporary moment. I should say at the outset
that one should always proceed with caution
when thinking about historical analogies. One should be
especially cautious when analogizing from a Weimar,
Germany, and its collapse. Because it was such
an extreme case. The calamity of the
outcome is extreme. And it's quite easy, I
think, to draw false lessons from the Weimar experience. But Weimar, Germany,
and Hitler's rise to power in January, 1933-- which ended the Democratic
experiment-- is really, I think, inescapable for us. We have to confront it. Because it just looms
so large over all of our discussions of
democracy's fate today. In fact, I think
more than looming it actually really haunts us. It haunts a lot of people. Why exactly? Well, I think there's
a couple of reasons why the Weimar experiment and
experience haunts us today. First, lots of social
scientists came of age in the post-war period, for
whom, in the pre-war period, it was a very common
thing to admire German political development. So if calamity could strike
an economically-advanced and culturally-sophisticated
Germany, it could happen anywhere. To put it in more
social scientific terms, few social science facts are as
firmly established as the idea that rich democracies don't die. National GDP per
capita simply appears to almost inoculate countries
from Democratic breakdown. And yet, when Germany
democratized in 1918, and when it died 15
years later, in 1933, it was one of the wealthiest
countries in the world. Germany was richer than
France, richer than Denmark, richer than Sweden, and nearly
as rich as Great Britain. Had a big middle class. Had a powerful
working class which was organized to a
successful and increasingly self-confident social Democratic
party that was fully committed to democracy. Germany had a vibrant
civil society. And it possessed a robust
rule-of-law tradition admired all around
the world at the time. And even Weimar's Constitution
itself, written in 1919, was written by the brilliant
jurist Hugo Preuss, and the eminent sociologists
who all social scientists like to read, Max Weber himself. Given all of this, the
question is, what went wrong? One of the eyewitnesses
to Germany's demise, Karl Loewenstein, who was a
liberal political scientist who escaped from Germany,
and immigrated to the US in the 1930s, ending up, by the
way, at Amherst College, where his papers all sit, by the way. He wrote an essay in 1937. It actually appeared in American
Political Science Review. He was assessing the lessons
before the war, 1937, of the Weimar
experience, as a liberal. He wrote a sentence. He wrote, "Democracy is
the Trojan horse by which the enemy enters the city." Democracy is the
Trojan horse by which the enemy enters the city. Loewenstein was a Democrat. He was a liberal. But he thought the Weimar
experience exposed really, a deep vulnerability
of democracy. You might think that
Loewenstein is, in a sense, referring to the
vulnerability that Steve just described in his comments. That voters can elect
an autocrat to power. That democracy can
die at the ballot box. This would be a great
paradox of democracy. This is, in fact, correct. But it actually only
tells half the story of what Loewenstein
was describing. Because a major underappreciated
threat to democracy in Weimar was not the masses
of illiberal voters, or majorities of
voters who might vote an autocrat into power. That's certainly the
fear that I think animates those who fear populism
in the contemporary world. That the great unwashed
masses and majorities will vote autocrats into power. But that isn't quite
the right lesson, I think, to learn from Weimar. Because remember,
before it came to power, the Nazi party's
membership never really peaked more than 2%
of the population. And Hitler's Nazi party
never got more than 33% of the vote in free
and fair elections before democracy's
death in January, 1933. At the peak of their power,
they had only 33% of the vote. Now, during the
Weimar era, of course, there were certainly
large pluralities of voters in favor of the Nazis. And this was a malignant and
destructive social movement that posed a genuine
threat to German democracy. But we have to remember
that nearly 70% of Germans voted against Hitler at the
very peak of its popularity. 70%. So what's the point? The point here is
that as important as the Trojan horse of
democracy may have been, just as important were
the gatekeepers who let the Nazis into power. To put it differently,
authoritarians come to power. They come into office
not on their own. But with the enabling
aid of political allies from inside the
political establishment. This is a central lesson
of the Weimar breakdown. Adolf Hitler didn't come
to power on his own. He was a marginal figure,
clearly, in the early 1920s. Jailed in 1923,
after his infamous and failed Beer Hall Putsch. His big break and
his party's big break came in 1928-29, simultaneously
with the Great Depression. Which obviously played
a role in all this. But another key
part of this story, what else happened
in 1928-29, was that Germany's relatively
mainstream Conservative Party, the [GERMAN],, or the German
National People's Party, was faltering. And so this was a
party of essentially, Germany's aristocrats. This is the party who
admired British Tory party. They kind of wanted to be
like the British Tory party. They hadn't really
fully accepted the Weimar Constitution. But it was a quite weak party. It was nothing, nothing at all
like the British Tory party. Because it was such a
weak, aristocratic party. So this party was faltering. The German conservative
party, the [GERMAN].. And their leaders, their new
leader in particular, in 1928, began to reach out to
Adolf Hitler's group. Seeing all of this energy on
this side of the spectrum, seeing people marching
in the streets, that leader of the
[GERMAN] thought, well, maybe we can
tap into some of this. So he issued his party, the
German Conservative Party, issued joint
proclamation with Hitler. It made joint appearances
and held joint rallies. All of this with the
aim of shoring up the popularity of this
decrepit German Tory party. The strategy backfired. This establishment party
went into a tailspin. And it was only Hitler's party
that gained in respectability. And that's not all. Because what also happened
was in January, 1933, after Hitler's party successful
election in the fall of 1932, the aging president
Von Hindenburg decided a way of taming
Hitler and this growing threat was to appoint
Hitler Chancellor. So when conservative
German statesmen Franz Von Papen, who
had hatched this plan, tried to ease the worries
of his Conservative allies about Hitler's
appointment to Chancellor. He said to them, in infamous
words, "Don't worry. Within two months we'll
have pushed Hitler so far onto a corner he'll squeal." So it's harder to imagine
a bigger miscalculation. It was an elite miscalculation. It was an abdication
that gave Germany Hitler. This didn't just
happen in Germany. A similar story can be told
about Italy, in the 1920s. We all know about Mussolini's
legendary March on Rome. Or at least, that's
the usual story of how Mussolini came to power. On October 30th, 1922,
Mussolini arrived in Rome, at the Rome train station,
an overnight sleeping car from Northern Italy. He'd been invited to Rome by the
king, to accept the premiership and to form a new cabinet. Mussolini arrived
in the capital city. And with a small
group of guards, he stopped off at his hotel. He was wearing a black jacket,
a black shirt, a black bowler cap, and walked triumphantly
to the king's palace. The streets of Rome were
a little bit chaotic. There were bands of his
black-shirted fascists, with mismatched uniforms,
roaming the streets. Mussolini was always
aware of the spectacle and the power of the spectacle. Strode into the king's
palace and said to the king, "Sir, forgive my attire. I come from the battlefield." This was Mussolini's
legendary March in Rome. The point here, though, is
that his flair for the dramatic totally outpaced real events. This fascist myth of
300,000 black shirts crossing the Rubicon
to seize power, this was repeated often
in national holidays and children's schoolbooks
through the fascist era. But Mussolini did everything he
could to reinforce this legend. Actually, one funny
bit of the story was that right before the
train arrived in Rome, he considered disembarking
from the train, and to ride into the
city on horseback. But at the last minute,
kind of abandoned that plan. But the point is
that he was trying to create this myth of
a mass insurrection, mass underpinnings of
his fascist revolution. The truth, though,
was much more mundane. The bulk of
Mussolini's Blackshirts really arrived only
after Mussolini had been appointed prime
minister, in a very constitutional process. The Blackshirts were
quite disorganized. There was no real March on Rome. The Blackshirts
talked a lot about it, but it didn't really happen. So rather than high
political drama, it was essentially a
negotiation with the king that allowed him into power. He used his 35 seats
in the parliament, out of 500 deputies,
as a point of leverage, along with threats of
violence and divisions among establishment politicians,
to catapult himself into power. So King Victor Emmanuel saw this
political star on the horizon, and thought a way of
neutralizing the fascist unrest was to bring him
into government. Again, elite abdication. Just a final note
about Mussolini. The way he got those
35 seats to begin with was earlier in the year. He had convinced the
liberal Italian statesman, aging Italian statesman,
Giovanni Giolitti, to include Mussolini's party
on the very much establishment party, liberal parties listed
for parliamentary elections. Again, Giolitti
thought he was doing this to give himself a boost. Instead, within a year,
Giolitti was long gone and Mussolini was in power. Again, I don't want
to minimize the power of fascist and authoritarian
social movements. They were real. They are real today. My point is simply that
when extremists first arrive on the scene and
appear to threaten democracy, they should be taken
seriously and marginalized. And not embraced for
short-run gain, which only helps bolster their legitimacy. Second, critically,
even more critically, perhaps, when anti-democratic
demagogues or parties are on the precipice of
power, mainstream politicians must do everything possible
to form coalitions. Even sometimes very
uncomfortable coalitions with parties they may disagree
with and even dislike; but who accept the basic
Democratic rules of the game, all in order to
keep extremists out. This didn't happen
in Weimar, Germany. This didn't happen
in 1920s Italy. But it was possible. And it actually did
happen elsewhere. So just very briefly consider
from the same time period, in 1930s Belgium. Far-right Fascist Party inspired
by the Nazis, the Rexist party, was on the verge
of gaining power through a coalition with a
right-wing Catholic party. So the Rexist party had
its own march on Brussels, mimicking Mussolini's. But in this instance,
the Belgian King used his moral
authority to convince Socialists and
Catholics, who are sworn enemies in normal
everyday parliamentary politics, to cooperate to
keep the Rexist out. Again, the lesson
of these stories is that mainstream politicians
and parties have a key role to play. When they abdicate
that role, when they fail to serve their
gatekeeping role out of miscalculation,
out of opportunism, extremists get led in the door. This Faustian bargain between
establishment politicians and anti-democratic extremist
demagogues and parties is a Faustian bargain. It usually backfires. Establishment politicians
usually lose control. So what are the lessons of
these historical experiences? Well, I think something
similar, clearly in different scale, different
setting, different time. But something similar happened
in the United States, in 2016. Republican Party,
Republican establishment, enabled Donald Trump. Meaning leading Republicans,
even after candidate Trump won the election, clearly
openly despised him. Thought he was not
fit for office. Were offended by Donald Trump. They could have
crossed party lines. They could have. But they didn't endorse
the Democratic nominee. This was in 2016. They could have put, in effect,
democracy ahead of party. And this could have
made a huge difference. But as we have seen, when
politicians don't do this, when they let some
politician in the door with autocratic tendencies,
it's a changed game. When Steve and I wrote
our book, back in 2018, How Democracies Die,
we wrote it in part because we had
expected and hoped that Republicans would
stand up to President Trump. We wanted to send the message
of this, of this lesson that I'm describing right now. We wanted to send the lesson
that if President Trump crossed the line, the Republicans
should step up to it. To confront this and
draw a line on the sand. So I think in many ways we
underestimated the threat. Because Republicans
never quite did this. And the results is
our calamity today. My main point then, and
our lesson from the Weimar experience is that
the rise of demagogues who find popular
support is certainly a threat to democracy. But it's a threat
that's often present. Around 35% of the
American electorate has supported
demagogues, going back to the Henry Ford, Father
Coughlin, and Joseph McCarthy, George Wallace, throughout
American history. So popular support
for demagogues, even extensive popular
support for demagogues, is not sufficient
to kill democracy. A key role in the past
in the United States, as well as in other
countries, has been played by establishment
politicians and parties. The question that I'll
end with here then, is when do politicians
and parties, mainstream politicians and parties, act
as successful gatekeepers? Is this simply a matter
of political courage? I think that's
certainly part of it. I think it's also, part
of it is understanding the scale of the threat. That's one of the
hopes that I have, is that coming out of
this experience people will understand the scale
of these kinds of threats. But more than that,
I think there's one last thing we can say. This is where I begin to
converge with Steve's message here. It also requires that mainstream
political parties not be so fearful of the
other side that they're willing to overlook
abuses on their own side. In other words, polarization,
that's fear of the other side and also fear of the
future makes establishment politicians, leads of
establishment politicians, to fail in their
jobs as gatekeepers. So I think the biggest problem
and challenge for our democracy today is that our Republican
Party is, as Steve said, in some senses, analogous
to the German Conservatives. Fearful of the future,
representing a declining segment of the electorate. Until the Republican Party
itself changes, our democracy will be vulnerable. Just like the German aristocrats
who were fearful of the future and willing to abdicate and
make mistakes that they knew at the time were a danger,
America's Republican Party has done very similar things. And I think major
reforms need to come. Thank you. RICHARD SAMUELS: Thanks
very much, Daniel. I wouldn't call it exactly
uplifting, but certainly informative and important. And I appreciate, we
all appreciate it. Neeti, fast forward
to the present and tell us about
the Subcontinent. NEETI NAIR: OK. So by way of
introduction, I thought I would begin my presentation by
considering where India's Prime Minister, Modi,
stands on the litmus test for authoritarianism,
provided by Levitsky and Ziblatt in their book. They provide us with
these four key indicators of authoritarian behavior. The first one, let's
see, does Mr. Modi show weak commitment to the
Democratic rules of the game? Yes. In his second innings
as prime minister alone, these have been bookended
by the undemocratic abrogation of Article 370 of the
Indian Constitution, revoking Kashmir's
autonomy without consulting Kashmiri-elected
representatives. Most very recently, the passage
of important legislation pertaining to
agricultural produce that was bulldozed through
parliament with a mere voice vote. Cacophonous and confusing,
despite key government allies quitting the ruling coalition
over this piece of legislation, and a walkout by the opposition. The second indicator,
does Mr. Modi deny the legitimacy of
political opponents? Mr. Modi has campaigned twice
on the promise of giving Indians a congress, [NON-ENGLISH],, an
India free of its grand old party, the Indian
National Congress. Not only does Mr. Modi
show scant respect for parliamentary norms and
the opposition, of late, even the opposition has
been oblivious of its place in a democracy. Three, does Mr. Modi tolerate
or encourage violence? Yes, of course. The government, led by Mr. Modi,
has been turning a blind eye to growing instances
of cow vigilantism and Muslim beating
in its first term. And this has gotten a lot
of international reportage. In its second term,
it has overseen a riot in the capital
city of Delhi, where Delhi police falls
under the jurisdiction not of the government of Delhi,
but of the Ministry of Home Affairs, under the
central government. All of this happened
while President Trump was, in fact, visiting India. There's a lot more
to be said of Mr. Modi's past credentials
as rabble-rouser-in-chief, when he was Chief Minister
of the State of Gujarat. Especially during 2002. If one were to take
a longer-term view, his leadership then
resulted in his being denied a visa to the United States. Even the newfound popularity
of Mahatma Gandhi's assassin, Nathuram Godse, is related
to Mr. Modi's toleration of very specific kinds of
violence and violent speech. Finally, the fourth indicator. Is Mr. Modi ready to curtail
the civil liberties of opulence, including the media? Yes. Independent media has been
viciously targeted, especially by Mr. Modi's troll army. While most but not all of
mainstream media houses have taken to reporting
government propaganda as news, those who have
resisted are being denied government
advertisements, a source of revenue. And also, hounded with
tax-evasion cases. Individual activists and
conscientious civil servants associated with, for instance,
the Election Commission of India, a key
institution, have also been targeted by the government
for their independence and unwillingness to
toe the official line. There we have it. Mr. Modi and his government
embody authoritarianism. They pass the litmus
test with flying colors. However, unlike the
case of Mr. Trump, Mr. Modi does not fall into the
prototype of the outsider who was allowed in to lead his
political party by gatekeepers or by establishment politicians
who should have known better. Those who made way for Mr.
Modi to lead the BJP in 2014, including former president
of the party, LK Advani, were as extremist as he. They were schooled in the same
Hindu-supremacist ideology of the Rashtriya Swayamsevak
Sangh, or the RSS. Mr. Modi represents
the high point of the Hindu Nationalist dream. Which is why he can
speak so disparagingly of the opposition. In this dream of a Hindu
Rashtra, or a Hindu nation, there is no need
for an opposition. Especially one tied
to Western ideas of democracy and secularism. These Hindu
Nationalists would argue for an Indian-style
democracy and secularism that is able to show Muslims,
Christians, and the lowest castes their place, even
while making some exceptions. Now, what makes the India
case more complicated is that at least some of
these authoritarian features are not new. Yes, Mr. Modi's government
showed weak commitment to democracy by revoking
article 370 unilaterally. But the article that originally
provided a pathway for Kashmir to retain some
degree of autonomy within the Indian
union had already been whittled down
to its barest bones during previous 10 years
of the Congress government. Kashmir had little
autonomy, even in name. Even the popular appeal of
Gandhi's assassin Nathuram Godse, is not entirely new. In the first general
election of 1951, one of the members
of the Defense Council for the
assassins, PL Inamdar, of the Hindu Mahasabha,
won the elections because of his celebrity
status as a defense lawyer in the trial. If you read the intelligence
reports on that election campaign, you could be forgiven
for mistaking the slogans hailing Gandhi's assassin
to the recent election campaign of 2019. But what has happened is a
dismissal of that era's Hindu fundamentalism. And depositing instead
of a narrative that foregrounds Nehruvian
secularism to the exclusion of all other ideas of India. That has led to a
lack of reckoning with some of the more lasting
consequences of the partition of the Indian subcontinent. The Hindu Nationalist
promise, the dream of an undivided India, or an
Akhand Bharat, lay dormant but never died. It is also important
to acknowledge that the Modi government's
massive majority is the consequence of decades of
perseverance of RSS cadres. To be sure, having
a team that excelled in social media,
targeted advertising, and propaganda has been
crucial in capturing attention in a new heavily
mediatized environment. However, beneath the noise
of social media, the trolls, are millions of real people
who have been indoctrinated into the philosophy
of the RSS in schools and through attending workshops. The Indian equivalent of
Sunday schools, RSS shakhas. The opposition parties
in India, be it the Congress or the
communist parties, or an assortment of
regional parties, have nothing equivalent. Nor have they the moral courage
to face the BJP's charges of pseudosecularism
and Muslim appeasement with either a responsive
politics or concrete policies. As a result, Muslims in
India, as a community, are now barely
represented in Parliament. They are 4.3% of
elected members, as opposed to comprising
14% of the population. From Kashmir to Manipal,
to Chhattisgarh, India is full of spaces
where the rule of law has been a cover for
extreme lawlessness. For too long, neither
the drumbeat of elections nor recourse to the judiciary
has provided the people in these "margins" with
respite from forces that were allegedly legal. With the riots in Delhi
earlier this year, this lawlessness masquerading
under the cover of rule of law has come to the heart of
India, to its capital city. And yet, I hold
that India, because of its many regional
political parties that can and have come together
in the past, its enormously diverse and strong
civil society, most recently in
evidence during protests against the Citizenship
Amendment Act of 2019, its independent media that fact
checks the daily myths spun by Hindu Nationalist
mouthpieces, and some of its
still-independent judiciary can withstand this latest
grave crisis to its democracy. If there is a silver lining
to Mr. Modi's ascendance, it is that it has forced a
dispassionate long-overdue reckoning of the limitations of
Indians' electoral democracy. The greatest strength of the
Indian National Congress party was its ability to
grow, to evolve, to debate with
multiple stakeholders and then be persuaded to
take up a particular cause. We see this in Colonial India,
when the Congress party moved from representing a
"microscopic" minority, to becoming a mass
movement under Gandhi in the early 1920s. The party co-opted
Muslims briefly. It sought to co-opt Dalits,
by subsuming their identity under a common
general electorate, to keep the fiction of a
majority-Hindu community. Under Nehru and Indira
Gandhi, the Congress allied with socialists
and communists. It forged electoral alliances
across castes and classes. But after the point, it began
to brook absolutely no dissent. This happened in the 1970s,
just as Mrs. Indira Ghandi came under the sway of her son,
Sanjay Gandhi, and a coterie of unelected powerbrokers. What followed was the emergency. A suspension of the Constitution
that lasted 20 months. It is a measure of the
seriousness with which Indira Ghandi regarded her political
opponents that she had then imprisoned. In Modi's India,
the Congress party doesn't even merit that
much of a response. The people being jailed
today are student activists, civil society leaders, anyone
with a following who criticized the Modi government,
and whose words can be framed and distorted
to warrant the label anti-national. The question for
India's democracy is, can a grand
coalition be forged to keep Mr. Modi's BJP
from getting a third term? A term that will
irretrievably cast India into an unqualified Hindu
majoritarian nation. A nation that many will argue
has already come into being. The next general elections are
a little over three years away. The good news is, I think
it can be safely said that they will be held. There will be problems
and corrupt practices, as far as campaign
finances are concerned. Just as there were in 2019. That will have consequences
for political parties and electoral outcomes. But the elections will be held. If the past can be held to
be a guide for the future, the defeated will allow for
a peaceful transfer of power. I say that because in the past,
even if it has taken weeks to prove that the government
that the coalition has a majority, typically
there has been no resistance from the defeated. There are certain
democratic norms in place. If the opposition can put
together a grand coalition with a program that emphasizes
growth with redistribution, if it can run a campaign
with enough energy and sustenance to
thwart the gains that may be made from any contrived
or real national security crisis, a "rally around
the flag" moment, as happened on the eve of
the last general election. If it is transparent in
its composition agenda long before the
first vote is cast, and if it can put forward
a leader whose own life story resonates with
aspirational India, there is room for hope. The Indian people
deserve to know, away from the proverbial
smoke-filled rooms of yore, who it is who will lead
such a coalition government. Since Indian elections too have
become "presidential" of late. This majoritarian hatred
coursing through India is not new. The months and years
following the 1947 partition of India witnessed much worse. But the leadership
at the helm of India took concerted measures
to stem the hatred. Even if in retrospect,
one might argue, they could have done more
than man the RSS for just six months, for instance. Today there is a quite
stirring among elements in the corporate sector. And the Hindi film industry. Even the hate-fanning
sections of the news media have just come under
legal scrutiny. There are examples from India's
own history of putting together lasting coalitions. But winning the battle for
democracy at the hustings will still only be
a small beginning in a long journey to making
India genuinely democratic. Thank you. RICHARD SAMUELS: Thank
you very much, Neeti. We're moving toward optimism. It's a reaffirmation which
I was hoping we might have. Especially now, as we
transition to Susan. We're looking for more
reaffirmation closer to home. Thanks, Neeti. Susan? Your turn. SUSAN HENNESSEY: Well, I cannot
promise that I will deliver optimism here. But thank you so much
for that introduction. And I'm really delighted
to be here today. I note a little bit
of protest at being forced to go last after those
really excellent presentations. But there is a certain
logic in saving a examination of our
own country for last, and really thinking about how
our own system of government really interacts with the
kinds of pressures that have caused Democratic
erosion, even collapse, in other countries. I was asked to speak
today about the prospect of a Constitutional crisis
here in the United States. This is a term that it's
received a lot of attention over the past 4-and-1/2 years. But it's actually
not a term that has a standard historical
or legal or constitutional definition. This idea of a
Constitutional crisis. It's this amorphous term that
tends to generally describe the circumstances in which the
Constitutional order itself is threatened. In the United States,
we often think about it in terms of a discrete
precipitating event in which the order is imperiled. Then, in all historical cases,
the order is then restored. This can take a number
of different forms. There isn't even agreement
on whether or not sort of the typical examples
should fully qualify. So obviously, the
Civil War itself is the extreme form of
constitutional crisis. But even within that, whenever
we examine the presidency, we have a pretty good example
of a Constitutional crisis. Which is that Abraham Lincoln
unilaterally suspends habeas. Openly admitting that he is
violating the Constitution, and really saying,
are all laws but one to go unexecuted and the
government falls apart? What Lincoln is arguing
there is saying, well, I have these dueling
constitutional mandates. Yes, I am supposed to
faithfully take care that the laws are
faithfully executed. But it also had the mandate
to protect and preserve the Constitution of
the United States. Therefore, I can breach the law
and breach the Constitution. And I'm doing that
consistent with my duty. That's a moment of
Constitutional crisis. The way it's ultimately healed
is that Lincoln eventually has to go to Congress
to seek ratification. This process of
tension and healing where rifts are resolved. The most sort of
familiar modern example, tends to be the
Saturday Night Massacre, in which Richard Nixon
fires the special prosecutor investigating him. Even that is not an ideal case. Because Nixon is then
forced to appoint a new special prosecutor,
and eventually has to resign. So reasonable minds can argue
that well, that's actually a case, an example, of the
way in which our system works, and demonstrates its resiliency
to these kinds of stressors. The Constitutional crisis,
it's an important term. But it's squishy. And I don't know that it's the
best framework to understand this particular moment. I think the more useful
analogy of this moment is constitutional rot. We are unlikely, at
this point, to be faced with a single event
that shatters the system. We've seen lots of events
over the past four years that we might have predicted
decades ago would precipitate a genuine crisis that happened. Instead, what we're seeing
is a slow erosion over time. Where at the end,
you're left with the constitutional structure. The institution still exists. The processes still exist. We still observe
the technicalities of the constitutional form. But they're hollowed out. They're stripped not
just of their legitimacy, but they actually
no longer fulfill their intended
constitutional purpose. I think that's the way to
understand the specific moment that we're in. I certainly agree with
the prior panelists, that we are experiencing
a really alarming erosion under President Trump. I'd suggest the election
presents a definitive moment that's going to set us on a path
whereby either this rot begins to accelerate rather quickly. Or instead, it's
a turning point. And the turning point
is only the beginning of a process, a really difficult
process, of restoration. But in order to understand where
we are and how we got here, I think it's really important
to understand the structure and fundamental nature of
the American presidency, and how it's unlike any
other executive structure anywhere else in the world. That's that the founding
fathers created an astonishingly powerful executive. They create the
American president. They say it's going
to be just one person. They vest that person with
all of the Article Two powers. He's the Commander in
Chief of the military. He appoints and supervises
all of the heads of agencies and cabinet departments. He can fire them. He can make treaties
with foreign governments. He gets to appoint
ambassadors and judges with advice and consent. He has the power to
veto legislation. This is an aggregation of
power in a single person that we don't see
elsewhere in the world. Instead, we decided to
give it to just one person. There's a lot of controversy
in the legal-academic community about the precise
contours of this theory of the unitary executive. But at a sense, it is just the
basic constitutional reality. We only have one president. The Executive Branch is not
actually legally distinct from the president. While we think of this
sprawling bureaucracy, it's really just the
president's the head and the bureaucracy is
his arms and fingers. So it's this really
powerful thing. The founders do this on purpose. And they do it
fully understanding that they are opening themselves
up to the risk of abuse. The reason the founding
fathers decide to do this-- and this is best articulated
in the Federalist Papers and by Alexander Hamilton, the
foremost proponent for this vision of the executive
that ultimately prevails-- is this notion that you need to
have energy in the executive. We had a historical
colonial tradition early on, of eviscerated governors,
overly-empowered legislatures leading up to the
Constitutional Convention. They wanted to correct for that. Basically, the idea is, if
you want a government that does things, that actually
can act and act decisively, and with dispatch and
secrecy, and do these really important things in
the National interest, you have to let
the person do that. You can't require them
to do that by committee. So they contemplate, one,
having more than one president, having something like a
presidential committee. And two, having other checks. Like well, maybe
the president has to get permission from
cabinet secretaries, in order to take
particular action. They decide, intentionally,
not to do that. Because this concept of
energy and a robust executive is really important. And because the unitary
nature of the executive, and of an empowered executive,
brings accountability. In the United States, we
know exactly who to blame. We know who to
blame for Obamacare. We know who to blame
for the Iraq War. We know who to blame when
a pandemic response is catastrophically mismanaged. Whether you support
or oppose, there's hundreds of things we can
list, at the end of the day, we know where the
buck ultimately stops. That form of accountability
is really, really important. Because what
happens is, it leads to the development
of this really rich and elaborate
tapestry of norms that exist on top of the core powers
of the American presidency. But notably, whenever
we talk about the abuses that we've seen over the past
four years in the Trump era and in the Trump
Administration, by and large, we aren't talking
about presidents that are overstepping the edges
of their constitutional power. We're talking about
abuses of core powers. Things that a president,
there's no controversy that the president, in fact, has
the ability to issue pardons. There's no controversy
that the president does, in fact, have the ability
to fire an FBI director. There's no controversy that
the president is actually allowed to tweet out that
we're withdrawing forces based on a whim, from Syria,
based on a whim one morning. These norms that have
hemmed in the president are directly responsive
to this notion of strong political
accountability. And then, of course, backstopped
by the structural separation of powers in the other branches. It's important to note that not
all of these norms are good. And they're not, in any
way, static over time. The American presidency
is a flexible and evolving institution. And it's changed a lot. Even in important and
very controversial ways. So we aren't able to point to
a president breaching a norm and saying, that's
bad and we need to prevent that from happening. Because in some cases, every
president has breached norms. And in some cases, it ends
up being a positive thing. Woodrow Wilson, for example,
dramatically changed the way we understand
presidential rhetoric, and how the president
communicates with the public. He's the first president
who really directly engages, making a policy
case to the American people rather than to Congress. Prior presidents had
thought that that was a form of sort
of demagoguery, that was intolerable,
and was really something that we should avoid. The two-term
tradition, for example. George Washington
served us for two terms. He steps down. Adams follows. Jefferson follows
after that and we have this idea of there
being a two-term tradition. Now, whenever we think
about the rhetoric, then Wilson wins re-election. And the office is
changed forever. And this, our
understanding of how presidents communicate to the
public is permanently altered. And it's considered a core power
and future of the presidency moving forward. The two-term tradition,
on the other hand, we care about this norm. And we talk a lot
about what would happen if somebody
tried to violate it in the early Republic. Some people try. President Grant tries
to run for a third term. He doesn't win, so we say,
well, don't worry about it. The norm holds. And the American public
enforces it and cares about it. And then, FDR goes on to win a
third term and a fourth term. We say, well, we
really care about this. So we're going to pass
the 22nd Amendment and create an Amendment process
to prevent this moving forward. So this is an institution
that evolves in conversation with the Constitution, in
which breaches of norms can actually lead to positive
and dramatic changes. In some cases, we reject them. In some cases, we
incorporate them into our constitutional
system moving forward. Trump's breach of ethics
are of a different character in nature. It's understood it's
important to understand sort of the normative
breaches of this moment through that particular lens. There's lots and lots of
examples to pick from. I think the best one
is probably ethics. The drafters of the Constitution
care a lot about ethics. They care about principles
of good governance. They care about this basic
idea that elected officials are acting on behalf
of the public and not in financial interests. Not in their own personal
financial interests, not because of any kind of
undue influence over them. And this really matters to our
core constitutional structure. Because we're moving
away from a system where legitimacy is
derived by birth. This is legitimacy
derived from the people. So if we don't guard
against corruption we have a real
problem on our hands. The founders do a few things. They create the
Emoluments Clauses. They had the structural
separation of powers. They give certain
powers to Congress that they think might be
especially ripe for abuse. But then, lots and lots of
norms develop over time. It's this area where scandals
happen and norms develop. And new ethics
regulations are developed. Most of them don't
apply to the president. But we have these three rules
of good governance and ethics. We expect that
officials disclose, divest from any
conflicts, and also, recuse if they have
conflicts of interests. This is just the bread and
butter of federal ethics rules. Most presidents, while
they are not technically required to abide by those
rules, because again, we want to preserve
that flexibility. We don't want to bind
a president's hands in cases in which we want him or
her to be able to take action. But presidents care
a lot about trying to preserve the appearance that
they are playing by the rules. So presidents traditionally
divest from their businesses. Or at least, they pretend to. LBJ secretly held control of
his family's radio business, is a good example. But he pretends. Ronald Reagan makes an elaborate
point of seeking counsel so that he can accept his
pension from the State of California, and it's not
in violation of the Emoluments Clause. Obama does this in accepting
the monetary award of the Nobel Peace Prize. So presidents at
least are attempting to abide by these
norms and rules, because it's directly
tied to their legitimacy. Trump comes in, and instead,
offers a really, really different proposal. It's a proposal that we call
in the book the "I Dare You" principle. The idea that he is going to do
whatever he is permitted to do, unless and until
somebody stops him. This is an area in which
Donald Trump has made a large and radically successful bet. Donald Trump bet that the
American voters didn't really care that much about
his tax returns. He bet he could win
election anyway. And he was right. We'll see whether or not
he can win re-election on that principle. But he is accurate. He bet that he
didn't really have to divest from his businesses. Because the courts
either wouldn't be able to get to it in
time, or would tolerate it. And that Congress would
ultimately tolerate it. He was right about that. So over time, we've seen him put
this proposition on the table. The proposition essentially
is that a president doesn't have to abide by sort of
the standards of ethics and good governance. And that's the
proposition that's on the table whenever
we talk about what's at stake in this election. Because just like reforms
around rhetoric, or the way the judiciary has
been nominated, another feature where there's
been dramatic normative shifts over the past 20 and 30 years. If a president breaches a norm
and then wins re-election, he demonstrates to
the American public, and to all future
presidents, that this is not a norm that really matters. This is a norm that is
flexible and can be breached. That's coming at a
moment in which we're seeing institutional sort
of erosion and collapse of the very structure of the
very constitutional powers that are designed to
hem a president in. Basically, we're seeing
Congress not do its job. We're seeing it in a lot
of different categories. One area, for
example, the principle of advice and consent. When the president nominates
somebody, a cabinet official, he's supposed to go to Congress. And Congress has to
confirm that person. That is a core constitutional
check and balance. It is essential to our system. Donald Trump has said
he prefers acting. He likes the flexibility. He rejects the
constitutional principle. And Congress, in
response, has shrugged. Congress passed a
law saying there's a 10-year term for
an FBI Director, following the abuses
of J. Edgar Hoover. They did that
because they wanted this principle of an
accountable FBI Director, a sort of generally
publicly accountable. They didn't want to have
too much independence. But also, they didn't
want the FBI Director to be a political appointee. Donald Trump fired Jim
Comey, and Congress shrugged. Now, if he fires Christopher
Wray and Congress shrugs again, the FBI Director,
moving forward, will be a political appointee. That profoundly changes
our understanding of how our constitutional
structure interacts with our rights
in the real world. Lastly, and I think
most significantly, the place where we've seen
institutional collapse by Congress, and in significant
ways, is around the idea or around the power
of impeachment. Not just the failure to convict
based on the impeachment related to Ukraine. A demonstration that the
impeachment power is, in fact, just a sort of a raw voting,
a raw count of the number of votes that the president
has in the Senate, at the number of members of the
president's party in the Senate at a given moment, a really,
really significant collapse. But also, the things
that the Congress has chosen not to impeach on. Including prototypical
impeachable offenses, like abuses of the pardon power. We've seen Congress
outsource their investigation and oversight capacity. Largely to the
Executive Branch that is controlled by the president. All of these abuses
amount to a proposition. Donald Trump is proposing
that it is tolerable and good for a president to interact
with the powers of his office the way he has. The problem is that the election
is a pretty blunt instrument. It's a moment in which we
either ratify or reject this vision of the presidency. It comes at a moment in which
the electoral college, which was in part designed to prevent
the public from electing populist demagogues,
and instead it has inverted the
public's judgment. When the public has
rejected somebody like Donald Trump
in the popular vote, the electoral college has
re-balanced the scales in his favor. The challenge, though,
is that this is a very, very blunt instrument. If Donald Trump does
win re-election, he demonstrates that
under our existing system, one can win
re-election this way. So I do think that that's the
moment in which, if it does, in fact, come to pass,
we are going to see not just the abuses we've
seen over the past four years. But really, a dramatic and
consequential acceleration. And one that is going
to be really quite significant moving forward. RICHARD SAMUELS: Thank
you very much, Susan. And thanks to all the
panelists, for providing so much stimulation on
such a difficult topic. We have about 15 minutes left. And we have a large
number of questions. And Daniel has got to go
off and earn a living. He's got to teach a class. Before he leaves I
wanted to pick out a couple of the questions
that were addressed to Daniel. Or at least one in particular,
and both are specific, I think, to particular
countries in Western Europe, which is what you know so well. No, I just lost it here. Now I'll pull it back up. The first, this one
is from Jean-Luca, who asks whether you think
Salvini's recent demise in Italy is a case of
a moderate coalition, the Five Stars
and the Democrats, being built to
insulate democracy from Italian democracy
from populism? Or is this something? Is this the way you
would explain it? The second is, a
neighbor, in a way, in Southern Europe,
which is Bosnia. The question has come
up about Civil War, and whether or not we use the
wrong example before in some of the cases we invoked. And maybe we should be thinking
about the Bosnian example. I wonder if you want to address
those two before you disappear? DANIEL ZIBLATT: Yeah. I maybe have less to say
about the Bosnian example, unfortunately. But I can say something
about the Italian example. And I think there's a
more general lesson. I mean, I think in general, yes. That is one way of
interpreting what's happened. The ejection of extremist
wing of extremist threats. One interesting thing about
European right-wing populists, there's a debate over
the degree to which they are a threat to democracy. Or are they simply
anti-immigrant parties that have differing
policy positions within and accept the basic rules
of the Democratic game? I think there's actually
variations across Europe. For example, I think
the AfD in Germany is pretty clearly, at least
as major strands of it, that are anti-democratic. That condone and
endorse violence, that embrace the Nazi
past to varying degrees. So that's a party, for
instance, that I think is, under no conditions, should
be a legitimate contender in politics. There's other countries
where it's not so clear cut. So I think in general,
this strategy, it's worth dwelling
just for very briefly on this kind of strategy,
of consolidating the middle, as I described in Belgium,
let's say, in the 1930s. As Catholics and socialists
joining together. I mean, this is, in some
ways, a little bit of what's happened, you might
say, in Germany today, with a grand coalition
for many years. Or what's happened in Austria,
not right now, but in the past. History of grand
coalitions, where the major parties get together. This is how Italian
politics is often operated. Now, this is good for keeping
out demagoguing outsiders. But as in life, there's
always trade offs. So the trade-off here is that
while it may keep outsiders out, it does create
that perception from some voters, of collusion. Where the main parties, rather
than competing with each other don't, alternate in power. And just simply get together
to keep outsiders out. So there's a certain cost
to that for democracy. So as much as I think that
it's a necessary step when facing political parties that
are a real threat to democracy, and at least necessary
in the short run, as a long-run strategy,
it is self-undermining, in the sense that it generates
increased sense of disaffection from the political
establishment. And it creates the seeds of
its own destruction, in a way. I guess the way to
think about this is that democracy is sometimes
in acute crisis and sometimes a long-term chronic problem. And when facing an acute crisis,
it's worth this long-term cost to keep the outsiders out. But that one should
be aware that there's a cost to this kind of strategy,
employing it for too long. It's very much
actually that move to the center of Angela
Merkel, with the SPD in Germany for so long, that some
people argue it's given rise to the extremists. Because it's left in
the open, on the edges. So in Italy,
similarly, I think this was a good short-term solution. But there's nothing that
actually, I think, substitutes for clear alternations
in government over time. That's what I would suspect. And unfortunately, I'm sorry, I
have less to say about Bosnia. RICHARD SAMUELS:
That's all right. David asked a question, which
broadens the lens a bit. And any of you who are so
inclined, I hope, will answer. Which is whether if you
could explain and speak to how social media
serves as an accelerant for the erosion of democracy. Susan mentioned the
early-morning tweets, and so forth. But David wanted to
know what might we do to meet the challenge? Should you judge? Or should we judge that social
media, ironically, because it's a democratizing
instrument, ironically, is a problem for a
Democratic practice? Anyone? SUSAN HENNESSEY: I'll give
it a very brief answer. that's just the basic
assumption of our system and Democratic system generally
is that voters will have access to some information. They will have some means
to judge whether or not it's true and accurate. So these secondary
institutions, social media and the traditional press, play
a really, really important role whenever we have a system
that depends ultimately on public accountability. So to the extent that
social media ends up becoming used to distribute
effective propaganda in ways that actually either
genuinely fool people, or rather, make it create a
condition in which the public can't believe anything. Then it becomes
very, very difficult to martial effective
political coalitions. And it dramatically
increases the costs of actors in the system that are
trying to sort of genuinely inform the public, in
order to allow our policy, in legislative and
executive systems, to be genuinely accountable. So that's not a solution. It's just it's a little bit of
a description of how it connects to the larger problem. STEVEN LEVITSKY: May
I take a stab at this? RICHARD SAMUELS: Please. STEVEN LEVITSKY: This is
not something that I work on or know much about. But I'm a little skeptical
about blaming social media for the challenges
facing our democracy. Couple of reasons. First of all, we've just
begun, in political science, to study the impact
of social media. The evidence that I've seen
suggests that it does in fact, have the effect that
most of us think it has. It does tend to polarize us. It does tend to pull us
towards ideological extremes. That said, I think
it's fair to say that social media exacerbates
existing polarization. Does not create the polarization
that is threatening democracies in various parts of the world. And the first bit of evidence
seems maybe overly simplistic. But clearly, we've seen
earlier periods or periods of polarization in history, that
have wrecked democracies prior to the rise of social media. The Spanish did not need
WhatsApp or Facebook to descend into Civil War. The United States
didn't need Twitter to descend into Civil War. The polarization that broke
German democracy that Daniel described, or Chilean democracy
in early '70s, none of that was driven by social media. So social media will,
I think at most, exacerbate underlying
problems of polarization. Which is not to say
that it doesn't matter. But I think we
shouldn't lose focus on what's really driving the
polarization in the society. And just to say one
other thing, scholars were terrified of
radio when it emerged. It was associated with
the rise of fascism. Scholars were worried that
the television was going to give rise to demagoguery. Maybe it has. But we are running to
catch up with the effects of social media,
without question. But I think there's a plausible
chance that governments, politicians, and citizens,
eventually will figure out, we'll learn how to effectively
formally and informally regulate social media. I'm not sure that it's
bound to destroy us. RICHARD SAMUELS: Thank you. DANIEL ZIBLATT: Very
quickly, can I just say something on this? Because I think it's
worth making this point. RICHARD SAMUELS: And then
we'll go to Neeti, yeah. DANIEL ZIBLATT: OK. Oh, I'm sorry about that. RICHARD SAMUELS: No, no, please. DANIEL ZIBLATT:
Just that there's a sense in which
it's easy to think that's what social media does. It eliminates the gatekeepers. It opens up the door to
media, a media free for all. But I think the reality
actually is that it creates new gatekeepers. Mark Zuckerberg has to decide
whether or not to ban Holocaust deniers on his website. Or the head of
Twitter us to decide whether to allow for
the reporting of stories of Hunter Biden's laptop. These guys then become
the gatekeepers. What this suggests is
not the elimination of the removal of gatekeepers
in the social media. But actually, they're
the real gatekeepers. I think the challenge then
becomes for democracies to assert regulatory
control over this. Because in a democracy,
you would rather have democratically-accountable
regulators, who are accountable to
democratically-elected politicians being
the ones making these kinds of decisions. Rather than media titans who
have no regulation whatsoever. So there's always going to be
some limits on free speech. There's always going to be
a respect for free speech. And one has to balance these. But I would rather
have regulators and democratically-accountable
officials making these kinds of decisions,
than unaccountable private interests. RICHARD SAMUELS: Thanks. Neeti? NEETI NAIR: Yeah, this has
become a very important live question in India. Some commentators in
fact felt that the BJP had a real advantage
during the 2019 elections because Mr. Modi, because their
social media was apartheid to this organization was so much
well honed to adapt to the 2019 election, while the opposition
candidate, Rahul Gandhi, barely had a presence
on social media. That has changed. Only in very recent
months has he began to tweet and put
together a presence. But I also wanted to speak
about the trolls that have taken over social
media in India have really targeted women especially,
with their misogynism there. And because of the anonymity
that trolling provides, they have made it a
very unsafe space. So a lot of women journalists
who have received death threats and rape threats on social
media have eventually chosen to leave social media. So it has created a
different environment that is totally not conducive
to Democratic action. I also wanted to say that on
the question of new gatekeepers, Facebook authorities,
Twitter as well, their staff have been
called to testify in front of parliamentary
committees in India, because of reports that
have appeared in organs like The Wall Street Journal. So there's a lot. Social media transcends
these territorial boundaries. So reporting in The
Wall Street Journal, let's say about Facebook
executives, being very cozy with the BJP, have led to
questions in parliament about this relationship. So it opens up the landscape
in very different ways. Yeah. RICHARD SAMUELS: Thank you. We have time perhaps for
just one last question. And I'm being completely
arbitrary here, so I apologize to the 27 people
who have lined up in the queue but there is this
question that has come up from an anonymous
participant, who asked who should be the arbiter
of determining extremism and undesirable politics? Is it as simple as
saying, the people should be able to vote
and make the decision? Or is it something more complex
that we should be looking for? Daniel? DANIEL ZIBLATT: Well, it
depends on what national context in which you're operating. I mean, in the United States,
it's entirely up to the voters and to the leaders of parties
and private party primaries. There's essentially
no regulation of this. Which might be the right answer. That's what we have in the US. In the German
Constitution, there are several articles in
the German Constitution which explicitly prohibit
speech, or allow for the limits and banning of ultimately
political parties that explicitly endorse
violence and assaults on the constitutional order. So the kinds of
things that we've heard in recent weeks in the
American political debate, egging on militias and
so on, would launch-- it doesn't happen automatically. Banning a party rarely
actually happens in Germany. But what happens is, this
allows for the opening of investigation. There's a judicial process
that is investigated under the interior ministry. Judges ultimately decide this. This is probably
something that would never fly in the United States. But I guess, the question
which is the best model? I would argue, it
probably depends on the national context. Within the German
national context, I think this makes
sense, given their past. I hope, in the United States, we
don't end up in that situation. But on the other hand,
you do think that assaults are verbal and
rhetorical assaults on the constitutional
order should be something that at least voters ought
to be paying attention to. RICHARD SAMUELS: Thanks. Susan, I'm going to give
you the last word on this. Because it's
something that Daniel said that sort of stimulated
a case, an example, in the US, in the US case,
which is the example of armed militias marching up
and down the hallways of state capitals and so forth. You're the Constitutional
law expert, but my understanding was
that armed militias that aren't under the control
of state authorities are illegal in
the United States. Not quite the Constitutional
prohibition of the kind that Daniel talked about
in the German case. But why has that
not been prosecuted? Why has that not been stopped? Or is that interpretation wrong? SUSAN HENNESSEY:
I'm not sure I'm familiar with the specific
case that you're mentioning. But generally, in
the United States, I can't imagine a law that would
pass constitutional scrutiny that, in fact, banned
any kind of speech act for being too extreme. We have the First Amendment. It's very robustly applied. It's robustly applied in
particular to political speech, to domestic political speech. So we don't really operate in
a legal environment in which we can regulate what people say. And then we've really
rejected that model wholesale. Instead, we focus on acts. Obviously, things like
voter intimidation at polls, there are specific things
and specific designations of groups. Although those tend
to be foreign groups. But it's a problem that is not
easy to remedy within the US constitutional structure. Because essentially,
we neither want nor permit the
federal government to regulate speech,
including political speech. RICHARD SAMUELS: Well, terrific. Thank you. And thanks to all the panelists
and to all the participants in today's forum. There's been a lot
of illumination. I've learned a lot. And I hope everyone
else has as well. I want to also express my
gratitude to Laura Kerwin, and to Michelle English,
to John Tirman, all of whom have helped put
this event together. Some of you have texted
me and asked about what other kinds of events we have. I encourage all of you
to visit our website and you'll see what other Starr
Forums are up, are coming up. But first, I guess
we can't do this, but I would say, please join
me in thanking the speakers. I guess we can, if you simply,
clap, the hands clapping. Or the thumbs up. We can't even do that on
this particular version of the webinar. Anyway, the virtual
thumbs are up. The virtual hands are clapping. And my gratitude is unbounded. Thank you all very much.