Donald Trump started off his presidency lying about his inauguration’s attendance size—and ended it by inciting an insurrection against the Capitol. During the last four years, he has undermined America’s institutions, transformed its role on the international stage, and divided its politics to an extent seldom seen since the Civil War. Today, January 20, 2021, Joe Biden’s inauguration marks the end of the Trump era. Along with a Democratic majority in Congress, he can finally deliver on some much-needed reform in healthcare, education, and industry. But aside from legislating and governing, Mr. Biden and the new Congress have a much greater task: restoring America’s battered institutions. The Trump presidency profoundly reshaped the executive’s relation with Congress, the law, and US allies. To secure a viable future for the American experiment and the nation’s position as a beacon of liberalism and democracy, the United States must renew its tradition of constitutionalism and demonstrate to the international community that it still stands for liberty and justice around the world.
The great Austrian philosopher Friedrich Hayek remarked in The Constitution of Liberty (1960) that America never had a “liberal” party. Indeed, both Democrats and Republicans embraced the guiding principles of liberalism: a commitment to free markets, representative government, and—most importantly—constitutionalism. Despite debates over the extent of state intervention in the economy, culture wars over social issues, and different approaches toward America’s role in international affairs, both parties respected the constitution and its outline of liberal government. Thus, for over 200 years, the president submitted to the laws and precedent, Congress checked the executive’s authority, and an orderly transfer of power always occurred between administrations. Such is a system based on laws, institutions, and entrenched norms. The continuity of the constitution across different administrations sidelined demagoguery and power based on personal authority alone.
Mr. Trump challenged America’s constitutional framework more than any modern administration. The previous president purged inspector generals who investigated him and his allies, including Michael Atkinson, the inspector general for the intelligence community, who informed Congress of a credible whistleblower complaint that spurred the impeachment inquiry last year. He instructed his government’s officials to ignore Congressional subpoenas during the impeachment proceedings, further impairing the legislative’s check on the president. He used his authority over the cabinet to interfere with the November election, even openly declaring that he refused additional funding for the postal service to harm voting by mail.
Personal authority and influence eroded the nation’s constitutional order, shifting power from recognized laws and institutions toward demagoguery and personal charisma. The former president fired a prosecutor who investigated his allies. He politicized the Department of Justice, which is nominally independent of the presidency, using it to further his own interests; the DOJ even attempted to defend him in a libel case under the pretext that Mr. Trump was acting in his capacity as president when he made his statements. (The measure was struck down by a federal judge.) In June, he ordered federal officers to violently remove a crowd of peaceful protestors for a Bible photo op—a move designed to boost political support among evangelicals all while flagrantly infringing on the people’s First Amendment rights.
The former president’s efforts to combine legal and personal authority did not end there. During three separate calls to government officials in Georgia, Mr. Trump pressured state investigators to “find the fraud” in an effort to overturn his loss in the election. In one extraordinary moment, he told Georgia Secretary of State Brad Raffsenberger he “just want[s] to find 11,780 votes”—an effort that may amount to obstruction of justice, according to some legal experts. Never mind that the election was the most secure in American history, according to the administration’s head of election cybersecurity, whom Mr. Trump subsequently fired. The former president instead chose to defy the constitution’s framework for liberal, democratic government and an orderly transition of power.
The institutional basis for Mr. Trump’s authority—his legitimate election by US citizens four years ago—progressively gave way to power structured around his personal sway over certain Americans. Sovereignty by passion and sheer popularity among some Americans came close to replacing power based on the constitution: on January 6, 2021—a day that will go down infamously in the nation’s history—a mob succeeded in breaching the United States Capitol with the intent to “stop the steal,” the Congressional confirmation of Joe Biden’s legitimate election by the American electorate in November. The insurrection was encouraged by a rally Mr. Trump held the same day, where he asked his supporters to “show strength” and “fight much harder” against “bad people” if they wanted to stop the Democrats from “stealing” the White House.
The consequences were, of course, disastrous: the insurrectionists succeeded in breaking into the Capitol, destroying government property, stealing material, and culminating in the deaths of five people, including an on-duty police officer assaulted with a fire extinguisher who succumbed to his injuries in a local hospital. Though the aims of the Trump partisans remain somewhat unclear, some yelled “hang Mike Pence”—who confirmed Congress’s count of electoral votes for Mr. Biden, despite Mr. Trump’s objections—and at least two were carrying plastic handcuffs and zip-ties, implying they sought to take hostages. What appears clear, however, is that the gathering tried to disrupt the legitimate confirmation process of a legally elected candidate; and that despite having a clear motive to act against the insurrectionists in his duty to uphold the constitution, Mr. Trump delayed deploying the National Guard to protect Congress for hours.
Elected government forms an integral part of America’s political tradition. Indeed, liberalism rests on the consent of the governed—and democracy is the surest means to achieve that end. But empowering a mob to overthrow a legitimate government is wholly undemocratic. Liberal democracy is bound by fixed and recognized rules—a “fundamental law,” the constitution, that occupies a status above the reach of both sovereign and citizen. Part of the duty of a citizen is acknowledging the supremacy of the law and its regulations, even when we disagree. Fighting for your favorite candidate is an illegitimate means of expressing your political will if it involves encroaching on the constitution’s design for a transition of power after a free and fair election. Thus, leaders who supported the insurrection, whether in action or only in spirit, are wholly wrong in calling the riot an expression of a citizen’s will. It was an act against the constitution, against the rule of law, and, crucially, against our liberty.
As Biden and the newly sworn-in Congress prepare to assume the mantle of governance, they should seize the moment to renew America’s tradition of constitutionalism and liberal democracy. Impeaching Mr. Trump again for his role in inciting the insurrection and efforts to overturn the election results are praiseworthy and must be pursued with vigor; if the measure fails, Democrats and principled Republicans should resort to the 14th Amendment and other means to rebuke Mr. Trump’s disgraceful precedent. Republican Congressmen especially should be ashamed of their leader’s behavior in office and need to purge their party of its illiberal elements. They have a political incentive in this: Trumpism does not win elections as well as it used to. After all, following four years of humiliation, Democrats finally won back the presidency, secured Congress, and are in a stronger position to legislate for at least the next two years.
With its cult-like emphasis on personal charisma as the criteria for leadership, not laws and institutions, Trumpism fundamentally threatens America’s constitutional framework of liberal democracy that made it the envy of the world for the last two centuries. Trump’s hold on the party is by no means gone: most Republicans still support him and, lest we ever forget, the majority of House Republicans objected to the confirmation of Biden’s victory under the pretext of unsubstantiated claims of fraud. But a growing number are tired of Mr. Trump and are aware of the dangerous precedents he set in the last four years. Indeed, around 20% now support his conviction in the Senate trial. It seems Republicans are realizing they should forsake Mr. Trump for their own survival.
Ultimately, it falls to president Biden to secure the future of America’s liberal democracy. The author of this article believes he will fulfill his duty with honor and dignity as befits a US president. But he needs to do more if America wants to get past Mr. Trump’s example. For starters, he should coordinate with Congress to pursue reforms that increase the president’s accountability to the law and the people, ensuring the rampant corruption and disregard for norms and precedent of the Trump era shall not be repeated easily. Next, he must legislate laws that better American lives in essential, bipartisan areas such as healthcare and education; signing a recently proposed domestic terrorism bill would be the wrong start for his presidency.
Finally, he should present a revitalized America on the international stage—an America aware of its role as the world’s protector of liberalism and democracy. Mr. Trump, with his praise of authoritarian leaders such as Kim Jong Un and Vladimir Putin and arbitrary use of crippling sanctions, showed an America that threw its weight around like any other powerful country in human history. That is precisely what US rivals such as China, Russia, and Iran want to see: American hypocrisy legitimizes their authoritarian, illiberal regimes. President Biden must act in the opposite manner, rebuilding ties with allies in Europe to counter Russian influence while building bridges with East Asia to challenge China’s ascendance. Multilateralism will affirm America’s place as a symbol of freedom and democracy all while securing meaningful commitments to tackle monumental challenges like climate change and human rights infractions.
The United States just witnessed the potential consequences of a government based on personal authority and charisma instead of laws and institutions. If it wants to remain the leader of the democratic world against the towering issues of the 21st century, it must come to terms with the harm done by the Trump presidency, revitalize its belief in constitutionalism, and start acting again as a beacon of liberty for the abused and the exploited around the globe.