Tag Archives: Jan 6 Putsch

Nullification 2021

America’s factions of privilege have a long history with “nullification” in various forms, so it isn’t exactly surprising to see Republicans playing with the concept again. It’s at least a little strange to watch them open a door to judicial decisions carrying no authority unless one agrees with them right after they spent several years packing the federal courts with partisan Republican operatives, but that’s where we are.

Republicans don’t seem to have worked out any cohesive strategy for dealing with the January 6 putsch. To some extent this is a concentration of their overall problem dealing with Trump, but January 6 seems to have actually flummoxed them. The initial direction from leadership was basically “disperse, lie low, hold your breath” and the party seems like it hasn’t ever quite filled that vacuum.

First the Senate went into recess through the end of Trump’s term, effectively a refusal to look at any impeachment articles while Trump was in office. Then Republicans introduced the objection that “we can’t act on impeachment now because Trump is out of office.” This classic chutzpah is entirely typical of them, and they might have pulled it off if they still had the votes to control Senate business completely, despite the fact that the objection is not only hypocritical but totally false. Never mind obscure precedents; the Constitution itself says “The Senate shall have the sole Power to try all Impeachments.”

Republicans’ willingness to ignore that and claim that an impeachment trial is “unconstitutional” should shock people. If language that clear is “open to interpretation” then the Constitution might as well be oracle bones with no meaning except what judges say it has. But in a sense this is exactly what Republicans want: to transfer authority to an unelected, rigged judicial priesthood.

That strategy depends on judicial decisions having unquestionable authority, though, and now Republicans are actively flirting with a nullification doctrine. If Republican senators end up trying to evade reckoning with January 6 by saying “based on the evidence I would vote to convict Trump if the Senate had that power, but it does not so I have to oppose conviction” they will be declaring judicial decisions optional along with the language of the Constitution.

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Holding our breath

As soon as we got a mostly complete outline of the Jan. 6 Republican putsch, that same day I wrote down several “things which ought to happen now,” followed by a question “how many will?” Right now, the answer looks to be “some,” but on the whole I would say that confronting the reality is coming in last as an option. Half-measures, buck-passing, quiet conversations, muddling ahead and “holding our breath” are collectively prevailing. Shelt Garner’s model of “an autocracy without an autocrat” seems more apt than ever, as Trump—having proved there’s really nothing in place to stop an organized autocrat from succeeding in America—appears to be deflating anticlimactically because he’s a vain undisciplined grifter.

I agree entirely with all the warnings that this is far from over, but as of this writing we’re in a strange interim place, again. So, some fragmentary thoughts for a fragmentary moment.

Televis-ocracy. COVID-19 has killed so many people, and had apparently trivial impact on American political power; the harm inflicted during the Jan. 6 putsch was relatively very minor but its political impact is, if not yet transformative, certainly larger. One can draw various conclusions, from this, but I think the importance of simple visuals on television is critical. Many have already observed that COVID is still not “real” for lots of people, in the absence of direct experience or visuals of what’s happening in hospitals. The putsch offers a striking contrast, and I think that’s a big part of why we’ve seen even the limited political movement so far.

Corporate America frowns upon the putsch. After days of headlines about corporate America’s alleged pulling of dollars away from Republicans’ “coup caucus,” it occurred to me today that this might be best understood as a PR play and a message to Republicans that the paymasters want clean, professional oligarchy.

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