If men were angels, no government would be necessary. — James Madison, “Federalist No. 51”
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As those who have followed the debate about health care will remember, Supreme Court Justice John Roberts sided with four liberal judges in issuing a majority opinion that the individual mandate behind Obamacare, the key component of a bill that compelled uninsured people to become insured, was constitutional if it was viewed as a congressional tax. This critical moment punctuated decades of failure with regard to health care legislation and positioned Roberts as one of the more moderate, fair-minded judges on the bench in an age when partisanship and compromise were becoming a lost art form in politics. In essence, amid political rancor, when his fellow conservatives were fighting tooth and nail to obstruct Obama and his programs at every turn — indeed, the Democrats rammed through Obamacare without a single Republican vote — Roberts saved the legislation. Although the law was far from perfect, those with a forward-thinking vision realized that health care reform was desperately needed because of runaway costs and the fact that profit-minded, not patient-minded, insurance and pharmaceutical companies had acted with near impunity for half a century.
Life on the Fringe
Now that Senate Republicans have shirked their responsibility and voted to acquit President Donald Trump, despite most of them being in agreement that he committed impeachable offenses, to hold the man accountable and drive home the fact that no one is above the law, now that we have seen three years of the president of the United States attacking the press, attacking free speech, denigrating women and almost every ethnic group in the nation, suggesting that we shoot migrants and laughing about it, courting the support of white supremacists and further ginning up racial tensions across the country, not to mention the sustained threats to the constitutional rights of all Americans, perhaps now it is our democracy that needs saving. While I certainly don’t agree with Roberts on a lot of issues, repairing what has been damaged by Trump and the GOP will take people like him, conservatives and liberals, stepping up and doing the right thing for the betterment of the nation. We have had scant little of that kind of bipartisan action the last 10-plus years.
One could argue that while the political divisiveness has always been a prominent feature of government in America, it really picked up steam in the mid- to late-2000s with the advent of the Tea Party and the populist, know-nothing movement that began to take over the Republican Party and slowly move it away from the center under people like Ronald Reagan and George Bush Sr., to the fringe under newly christened stars of the GOP, an “every man” blue collar worker nicknamed Joe the Plumber and Sarah Palin. Almost in lockstep, as the Republican Party turned away from the center, the far left did the same thing.
One really had a feeling that after Palin and presidential candidate John McCain lost the election and with the lofty “hope and change” message of unity and solidarity that Obama brought to his pre-election and presidential speeches, the passage of the Affordable Care Act and the Supreme Court decision to legalize gay marriage in all 50 states, it seemed that the nation may have turned a corner. But what actually happened is that Obama, either because of his liberal values, the color of his skin or some combination of those two, precipitated a kind of conservative backlash, made even more heated and insidious by the 24/7 Republican news cycle that piped in commentary that catered, and still caters, to the lowest common denominator of white, blue-collar fear. (The late John McCain, by the way, whiffed on picking Palin to run with him, but he was another example of a Republican leader with courage and integrity who could have worked to turn the nation more toward the center had he won the election. Before he died, of course, McCain also did not escape Trump’s ire, and Trump could not resist insulting the veteran even in death.)
In any case, the idea that we, as a nation, had turned a corner was an illusion, and when Donald Trump entered the national discourse prior to the 2016 election, the stage was already set. Existing quietly under the surface of all the progressive fervor during the Obama years lurked the prejudiced, anti-immigrant, anti-gay demons of our past. The populist right from the mid-2000s never went away, and in 2016, they found a new hero in Trump, despite having virtually nothing in common with the billionaire real estate mogul and reality TV star.
The Republican Party has fallen even further into the mire. As if failing to impeach a guilty president wasn’t enough, the current GOP and their president have attacked the country’s constitutional principles and core values at nearly every turn, from tripping over themselves to nominate Trump’s now-multiple picks after illegally refusing to provide so much as a hearing for Obama’s Supreme Court selection, to kowtowing to the president and letting him lie and make outlandish claims without censure, rebuke or recourse, and attempting to roll back protections in the First Amendment and using it as a tool to loosen regulations and increase discrimination.
Ironically enough, shortly before the Senate impeachment trial was about to commence and thus, shortly before Republicans in Congress were about to embarrass themselves again and take another turn away from justice, it was Roberts who offered some instructive words in what has been, by all accounts, a deeply troubling presidential term.
‘Debate and compromise’
In his annual report about the work of the federal courts, Roberts told a “sadly ironic” story about how John Jay, one of the co-authors of “The Federalist Papers,” along with Alexander Hamilton and James Madison, was attacked by an angry mob in New York and because of his injuries, was apparently unable to continue contributing to the series of essays, which were written as a vigorous defense of the Constitution and the democratic principles of our republic.
Roberts wrote:
… We have come to take democracy for granted, and civic education has fallen by the wayside. In our age, when social media can instantly spread rumor and false information on a grand scale, the public’s need to understand our government, and the protections it provides, is ever more vital.
As Adam J. White, with the American Enterprise Institute, wrote about what Roberts had to say, the United States needed to display “self-restraint, goodwill, and moderation” in order to get back to a place of republican virtue,” which, according to the late Irving Kristol, means:
… curbing one’s passions and moderating one’s opinions in order to achieve a large consensus that will ensure domestic tranquility. We think of public-spiritedness as a form of self-expression, an exercise in self-righteousness. The Founders thought of it as a form of self-control, an exercise in self-government.
And this also includes
probity, truthfulness, self-reliance, diligence, prudence, and a disinterested concern for the welfare of the republic.
Supreme Court Justice Neil Gorsch, one of Trump’s nominees, added to these ideas when he said that we should
… talk to one another respectfully; debate and compromise; and strive to live together tolerantly. … (The) essential goodness of the American people is a profound reservoir of strength … cannot be taken for granted (and) … need(s) constant tending. … (We have) the duty of having to listen to and tolerate other points of view … (and) democracy depends on our willingness, each one of us, to hear and respect even those with whom we disagree.
These values have been all but lost in the current political climate, and by quoting conservative sources, I am, as a progressive, attempting to demonstrate that compromise, civility, the sharing of good ideas, no matter where they come from, and, yes, even, virtue, should transcend party allegiance if we are to return to a place where integrity in politics matters.
A Better Way
Integrity in politics matters to Mitt Romney, another Republican who gives me hope that politics in America isn’t a lost cause. Romney, who stood alone among the GOP in his public admission that Trump was guilty, made a stunning speech today outlining why the evidence compelled him to vote to remove the president from office, noting Trump committed “an appalling abuse of the public’s trust.”
If Romney’s actions were just an anomaly and integrity doesn’t actually matter anymore, if decorum and virtue don’t matter anymore, if American politics is just destined to become a vast, wild-west frontier of insults, flame wars and misinformation, then, by all means, we can continue on a path of intellectual dishonesty, tribalism and identity politics, where the national discourse gets more fragmented and where winning an argument for your team is more important than moving the nation forward in an ethical way that benefits everyone.
But if virtue in politics and government does still matter, as I hope it does, then it seems that both our elected officials and the electorate need to walk it back and ask: If this approach isn’t working — and it’s not — what can we do differently and how can we be better, individually and collectively? How can we compromise and work together to change the spirit of the conversation and make it more positive? Conservatives are not the enemy, and liberals are not the enemy. Partisanship and a failure to compromise. Cynicism and apathy. Cowardice. Dishonesty. Hypocrisy. And intolerance. These are the real enemies that haunt our republic.
[Cover image: “Checks and Balances” by DeviantArt user RednBlackSalamander.]