“Remember, Remember, The 5th Of November”: Democrats Seem To Be Moving On From Democracy

Authored by Jonathan Turley,

Democracy appears to be losing its appeal on the left. After campaigning on panic politics and predicting the imminent death of democracy, some on the left are now calling to burn the system down in light of Republicans not only taking both houses and the White House but Trump likely winning the popular vote.

Some seem to believe that what happened on November 5th is a license to become a modern version of Guy Fawkes

(“Remember, remember, the 5th of November; Gunpowder, treason and plot; I see no reason; Why gunpowder treason; Should ever be forgot”).

Protesters after the election called for tearing down the system as a whole, insisting that “Trump is not an individual. He’s a figurehead of a system that’s rotten.”

Even before the election, law professors and law deans called for a break from the Constitution. Those voices will likely be amplified after the massive electoral loss by Democrats.

Others are seeking to evade the results of the election to still bring Harris to power.  CNN’s Bakari Sellers wants to pressure Supreme Court Justice Sonia Sotomayor to resign and replace her with Harris. Former Harris aide Jamal Simmons wants Biden to resign to allow Harris to become president despite the vote of the majority.

It is an ironic twist after Democratic politicians and pundits repeated the mantra that, if we did not elect Harris, this might be our last election. After losing that election, democracy appears to be the problem. The majority of Americans voting for Trump have been called “anti-American” by Gov. Hochul. Other politicians and pundits have called them racists, misogynists, or weaklings seeking domination by strongmen and bullies.

The problem is now with young and minority voters.  Trump won white women voters by eight points at 53 percent. Harris actually fell slightly in the support of women overall. Conversely, roughly 43 percent of men voted for Harris. Forty percent of women under 30 voted for Trump. Even CNN reports that Trump’s performance was the best among young people (18-29 years old) in 20 years, Black voters in 48 years, and Hispanic voters in more than 50 years.

So, it appears that it is time to move on. The call for Biden to simply do what the public did not want to do (in making Harris president) is particularly ironic. Many voters were repulsed by the Democrats simply making Harris the nominee after all the primaries were over. This was the candidate who could not garner any appreciable votes in the prior presidential primaries before being made Vice President by Biden.

Now, the idea is that she would be elevated by the unilateral act of Biden.

Without a hint of self-awareness or recognition of the hypocrisy, Simmons insisted that this would “Fulfill [Biden’s] last promise — to be transitional.” Most people understood that to mean democratically transitional in opening the way for the election of new leadership. He did so after he was forced to step aside after winning every Democratic primary and tens of millions of votes.

Nevertheless, Simmons argued that “Democrats have to learn drama and transparency and doing things that the public wanna see is the time.” That would certainly be dramatic as well as anti-Democratic.  Yet, Simmons explained that “this is the moment for us to change the entire perspective of how Democrats operate.”

Indeed, it would. It would confirm that the Democratic Party is an effective oligarchy, the very thing that they just campaigned against.

Sellers is more modest.

He just wants Harris on the Supreme Court. At no point in history has anyone suggested that Harris was a leading legal mind. Nothing in her history suggests that she is a competent, let alone promising, candidate for the highest court.

Harris has previously suggested her support for possible radical changes on the Court, including court packing. She is also a decidedly anti-free speech figure in American politics.

None of that matters any more than the results of the election.

Harris would be put on the Court not due to any specific talents or skills but because it would be “consequential.” He wrapped up by saying “let Republicans go crazy, ape, I’m even mentioning that option.”

Others are not pushing Harris but are pushing Sotomayor to resign to allow for one of the fastest confirmations in history. Under this theory, a lame duck president would muscle through a confirmation before Trump could come into power.

Of course, that ignores the possibility that you could vacate the seat and then fall short in the sharply divided Senate. That includes the possible loss of senators who might balk at such a maneuver, including outgoing Democratic Sens. Joe Manchin and Kyrsten Sinema.

The one option that does not appear to be popular is to listen to the voters and actually return the Democratic Party back toward the center of our politics. The problem is now the voters themselves.

French Prime Minister Georges Clemenceau once famously insisted that “War is too important to be left to the generals.” The Democrats appear to be working on a new view that democracy is too important to be left to the voters.

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Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. He is the author of “The Indispensable Right: Free Speech in an Age of Rage.”