THE PRESIDENTS AND THE PEOPLE

A professor of constitutional law and politics recounts how popular protest and democratic institutions have restrained authoritarian-inclined presidents.

According to Brettschneider, author of The Oath and the Office, five presidents preceded Trump in antidemocratic behavior. John Adams actively prosecuted journalists who uncovered various misdoings under his administration. Furthermore, he cooked up a scheme to deny his opponent in the 1800 election, Thomas Jefferson, the electoral votes needed to take office. James Buchanan worked with allies in the Supreme Court to quash efforts to extend constitutional personhood to Black Americans by means of the Dred Scott decision, among other acts. Andrew Johnson and Woodrow Wilson were advocates of white supremacy, while Richard Nixon…well, his crimes are well known. The resistance to these presidents came from many quarters. As the author chronicles, journalists such as Ida Wells wrote vigorously in defense of First Amendment issues, while Frederick Douglass opposed both Buchanan and Johnson in ways that Martin Luther King Jr. would learn from a century later, “marking anti-tyranny as an animating principle of American government” in the process. As Brettschneider examines the legal cases surrounding many of these developments, he often reconsiders precedent. For example, he suggests that too much importance has been attached to Brown v. Board of Education; nonetheless, the decision was critical because it validated earlier efforts to press the Equal Protection Clause, by which, some years earlier, Harry Truman had desegregated the military, “not just acting morally but…fulfilling a constitutional duty.” As Brettschneider notes in closing, the dissent cuts both ways: Trump, too, had his “citizen readers” of the Constitution, but their ill intent was to find ways to keep him in power by, among other things, storming the Capitol on Jan. 6.

A welcome reminder, in a time of growing repression, of the power of well-placed dissent.