THE DANGER OF LANGUAGE

The Windrush scandal in Britain is a story of how the members of a group of the population during the last few years found themselves demoted to a state in which they could not sleep at ease at night out of fear that someone would come and take them away. The Windrush generation are the migrants from the British West Indies who brought their labour force to Britain after the Second World War, on British encouragement, both adults and children with their parents. (The Empire Windrush was a transport ship that brought the first contingent of organised migrants from Jamaica and other Caribbean islands in 1948.) They settled here, made their lives here and became British.

Recently, members of this group came under intense scrutiny from immigration authorities and many found their right to live in Britain questioned. They were harassed for documentation to prove their right to reside. They found documentation such as employment and tax and social security records, even passports, disbelieved. They were forced into bureaucratic nightmares to procure additional documentation, often at substantial financial cost. They were denied standard services, such as health care, or were forced to pay for normally free services. Some were detained, some lost jobs, some were deported or threatened with deportation, some denied travel on the threat of not being readmitted, some refused re-entry from abroad.

The refugee children scandal in the United States is a story children of migrants on America’s borders, whose right of entry were in question, having been forcefully separated from their parents. They have sometimes been detained in concentration camp like facilities in border areas, sometimes sent away to other parts of the country.

In retrospect, authorities in both countries have acknowledged that what happened was wrong, but what should not have been done was still done. In both these civilised democratic countries practices came into operation which we otherwise associate with totalitarian dictatorships. How could that have happened?

It happened, of course, because officials on the ground obeyed orders from above. It has sometimes been seen as a mystery that totalitarian dictators have been able to get officials to implement brutish oppression, but there is no mystery. When officials are embedded in bureaucratic structures of command and obedience, those in command can get almost any order obeyed. Officials may not like what they have to do, but it gets done.

But in these two stories, there has been something more to it than obedience. Officials have executed perceived orders with extraordinary and brutal zeal, even in the face of horrendous and irrational consequences. Hardly anyone in position of authority in the respective services seems to have raised any question or objection, at least on principle.

That kind zeal comes from something else than just orders, it comes from the language in which the orders are couched. Language of caution can influence officials to implement orders with common sense and flexibility. Language of aggression can bend them to bureaucratic insensitivity.

In both these stories, public policy went seriously off the rails. The reason for that is ultimately that leaders were aggressive with the language they used to promote and justify their policies. In Britain, then Home Secretary Theresa May announced that immigration policy should be designed to create a “hostile environment” for illegal immigrants, and made a great show of that hostility. Immigration officials took to looking for illegal immigrants behind every bush and turned on a minority of mostly poor and black citizens with rigid demands of proof of their legality. In America, President Trump has whipped up anti-immigration sentiments by speaking of immigrants as criminals, rapists, and as vermin infesting the country, and asked for zero tolerance in the implementation of policy. Immigration officials dispensed retribution against children, even down to taking infants and disabled children away from their mothers.

Public policy depends on leadership for good or bad direction. Language is powerful. It is a responsibility of leadership to use language with prudence. Aggressive language from up high is dangerous – not just careless but dangerous. We see that in these two stories. We have had leadership of terrible language. We have had administrative practices that belong in totalitarian dictatorships.

 

WHERE ARE THE LIBERALS?

If we are liberals, we presumably believe in and defend liberty. Or do we? Now? Still? The liberal economic order crashed ten years ago with the result, on the one hand, that liberals have lost confidence and, on the other hand, that the enemies of liberty have gained in assertiveness.

The enemies I have in mind are the real and undisguised ones. In China, Xi Jinping has used his first term to tighten all the reins of dictatorship and to give his rule the underpinning of a new ideology of aggressive nationalism, under his slogan of the “China Dream.” In Russia, Vladimir Putin has completed a Kremlin-orchestrated kleptocratic consolidation, steered Russia away from a possible path towards democracy, and given his regime the underpinning of a fascistoid ideology under the slogan of “Eurasianism.”

Both these regimes, that of Xi in China and of Putin in Russia, are openly and unapologetically anti-liberal. Xi boasts of the “China model” that it is superior to democracy in effectiveness and has taken to promoting it to others. Putin speaks the language of enmity – Europe, the European Union, democracy, liberalism are enemies out to get Russia – and has made himself the bully in the international schoolyard. These are regimes in which liberty does not enter into the equation of governance and which are on a mission to outcompete (in China’s case) and destroy (in Russia’s case) the liberal opposition.

Both do that in part by undermining the liberal order in democratic countries. Russia is active in America to disrupt democratic procedures and stimulate social unrest and antagonism. European populism, wherever it rears its head, gets Russian encouragement. China uses its economic and ideological power to coerce businesses, universities, media, civil society groups and governments in Oceania, Asia, Europe and America to kowtow to its eminence and stay silent on anything critical of oppressive practices.

Both also operate in disregard of international law and norms of decency. Russia’s modus is denial – of any responsibility for the use of chemical weapons and barrel bombs in Syria, of any responsibility for the shooting down of a civilian flight over Ukraine, at the cost of 298 lives, of any responsibility for political assassination (attempts) with illegal chemical weapons on British soil. China is building artificial islands in other countries’ waters in the South China Sea, and putting military bases on them, in contravention of international law and a ruling in the Tribunal of the Law of the Sea, and of previous commitments.

These regimes are now successful both domestically and internationally. At home, they do have opposition and therefore never relax oppression, but by and large their populations are accommodating to the fact of autocracy. In both cases, nationalistic ideology is deployed to do its usual magic of disguising oppression. Abroad, they are up against, if that is the word, Trump, Brexit and a European Union in crisis, which is to say next to no liberal leadership. Democracy itself is going illiberal, with the leader of the free world delighting in the company of dictators and on undermining established allies.

And we liberals individually? Do we still believe in liberty? Is liberty still the defining core of our value system? Are we still geared to defending it? Do we recognise that liberty is under attack and is eroding? Where is the liberal voice up against assertive and aggressive authoritarianism?

The world is in commotion. Where are the liberals?

REFORM – THE IMPERATIVE NOW

All democracies are imperfect. They need constantly to be improved. Continuous and never-ending reform is part and parcel of the democratic enterprise.  If leaders and citizens think that their democracy has made it and found the Holy Grail, it is doomed.

There are two reasons behind the imperative to reform:

  1. Democracy is a process of trial and error. We must be sensitive to failures and mistakes and seek better ways. Circumstances change, for example in domestic economies or world affairs, and democratic governance must adjust.
  2. For confidence in democracy, citizens need to see that leaders are attuned to shortcomings and willing and able to work for improvements. They need to see that leaders deal with problems. Otherwise they will, with justification, see democratic governance to be incapable and gridlocked.

Professor Robert A. Dahl, in On Democracy (1998), recommend that democratic countries engage, every twenty years or so, in a thorough process of constitutional reform.

Democracy is now under threat. That goes to both values and capabilities. This misfortune (hopefully temporary) has many causes. One cause is a tendency to sclerosis in reform. If we look to the United States, to Britain, to other European democracies, to the European Union, we see dysfunctions not being dealt with. It is not dysfunction itself that is the rot, but that problems are not confronted and taken on. It is time for us in America, Britain and the EU to follow Professor Dahl’s advice and look very seriously into the ways we do governance.

The standard model today is representative democracy: citizens elect representatives to make and implement policies on their behalf. Reform can follow two paths. We can seek to repair what is deficient in the representative system, such as the organization of elections, the procedures of parliamentary decision-making, the methods for the nomination of candidates for election, the financing of candidacy and campaigns and the like. Or we can seek more far-reaching innovations towards alternative forms of democracy: participatory democracy, referendum democracy, deliberative democracy and the like.

These are not strictly alternative strategies, but there is a complicated dialectic between them. There is no known alternative to the representative system, but that system as we now see it operating on the ground needs pretty serious repair to regain credibility. If we concentrate on alternative innovations, there is a danger of making the perfect the enemy of the good. The search for alternative models can even contribute to further undermining the credibility of the representative system without offering any practical alternative.

Representative democracy is a model that has very much going for it. That needs to be preserved and improved, not replaced.

There is a back-to-basics message here. It would seem, as things now stand, that the recommended strategy of reform would be, first and basically, to improve the representative system, and then, on that basis, to think of innovations as add-ons in support of the representative system.

THE NEW COLD WAR

In the early years of the 21st Century, the world looked stable. There was economic progress. Democracy was advancing. The global order was collaborative under American leadership and the custodianship of the Washington institutions.

Fast forward to 2018 and this outlook has changed dramatically. China has not become “like us.” Russia has reverted to authoritarianism. Instead of collaborative order, we have confrontational turmoil. Autocracy has made itself assertive and confident, and is increasingly rewarded with respect. Western Europe is in the grips of the politics of anger. Democracy has been pushed on to the defensive, and democratic countries are riven by internal divisions and self-doubt. America elects Trump. Britain goes for Brexit.

Russia and China under their present leaderships have in common that they are ideologically committed and determined authoritarian regimes. Both entertain strategies of foreign policy that go beyond the normal pursuit of national interest to reach deep into the influencing of the cultures and policies of adversaries. While Moscow in this respect is a spoiler, Beijing’s aim is to build and protect respect for its model of party-state governance.

The stability of the early years of the 21st century has been displaced by a new Cold War, now on two fronts. Russia is setting itself on a course of neo-imperialism. China is intent on regaining its position of “Middle Kingdom” dominance in the world. Both are pursuing their aims with the confident determination that is enabled by the backing of nationalistic ideologies.

There is such a thing as the free world where citizens enjoy liberty of expression and information, the protection of rule of law, and mutual trust. This world needs to stand up to the authoritarian advance. The democracies need to come together and find their voice up against assertive autocracy.

But that coming together is not happening. The European Union is unable, unity being undermined by economic sluggishness, populism and Brexit. America is withdrawing from international solidarity and leadership. The confidence and determination that is conspicuous on the authoritarian side is equally conspicuous in its absence on the democratic side.

It is easy to say that we in the free world should stand firm in defense of our values, and it is easy to suggest ways in which this should be done. But if the European Union and America are unwilling or unable, where is inspiration and leadership to come from? Who in the world will now defend liberty? It would seem that before we can rise to the challenge from the authoritarian super-powers, we on our side need, first, the recognize the fact of that challenge and then, second, to look to ourselves and get our own democratic house in order.

 

WHO IN THE WORLD WILL DEFEND DEMOCRACY?

There is such a thing as the free world where citizens enjoy liberty, rule of law, and mutual trust. That world is now adrift in self-doubt. Democracies need to come together in defense of liberty, but they are not finding their voice. The European Union should lead but is divided and unable. America should lead but is retreating into narrow self-interest. The energy is on the side of assertive autocracy. That needs to be confronted, but who will do it?

First published in the Los Angeles Times. Read the article here.

DEMOCRACY IN AMERICA – IN NEED OF A HEALTH CHECK

America has had many odd presidents and democracy has survived them all. Normally it should not matter; presidents come and go and the Constitution prevails. But these are not normal times. The constitutional system and the political culture are weakened. In at most seven years, President Trump will be gone. The question is how much lasting damage will have been done by then.

Read the full article here.

WAS MACHIAVELLI A DEMOCRAT? IS HE RELEVANT TODAY?

Relevant, perhaps, but a democrat? Was he not the author of a book of tyranny? Perhaps not quite.

In The Prince, the most famous how-to about governing ever composed, Niccolò Machiavelli speaks to the man set to govern the state of Florence. His message is straightforward: if you are to govern, you better be effective.

Well, exactly who he is addressing himself to, and why, and what he means to say, is a bit of a mystery. He does preface his tract with a letter to “the Magnificent Lorenzo de’ Medici,” but when he started to write it he did not know that Lorenzo would be selected by the Pope (in 1513) to be the new Florentine leader after the collapse (in all but name) of the Republic. Perhaps he wanted to flatter the young and inexperienced prince to get himself a job, but it is likely that his friends advised him to hold back and that he never presented his text to Lorenzo or anyone else in his circle. Perhaps his intention was not at all useful advice but rather to confuse the autocrat with inconsistent and counterproductive ideas and thus entice him to failure. Machiavelli was after all a man of and for the Republic who had every reason to resent the new regime. Or perhaps not. Although a man of the Republic, he was also desperate for job and position, and in need of income, and probably very ready to compromise on his principles if he could get himself back into government service. He wrote the tract quickly, finishing it the year after he was deposed from his post as second chancellor to the Republic, having endured a spell in prison and under torture. Could it be that he wrote it in anger, or to get some resentment off his chest? We do not know. However it came about, it is a tract full of mystery and contradictions.

Machiavelli had good reasons to occupy himself with effectiveness. Italy in general and Florence in particular were in decline, suffering from internal disarray and threatened and to some degree subjugated by foreign powers. That, he thought, was the result of weak and inept governing. So when he reflected on the doings of the new the prince and the need for effective rule, what he had in mind might have been less the glory of the prince and more the standing of the state. Even if not a Republic, Florence was still Florence and needed the order of being governed. His message, then, was one of effectiveness for a purpose. He thought that effective rule was necessary if the ruler were to have any chance of winning the goodwill of the people and hence for the cohesion of the ruler and the ruled that would make for a solid state. It is in the interest of those who are ruled that the rule they are exposed to works. Otherwise, not only the state but also the lives of its citizens are in peril.

For Machiavelli, then, effective rule is a noble ambition. But it is also, in another piece to his puzzle, a difficult ambition. The world is not an easy place, people are not easy to deal with, the times were brutal and turbulent. Rule in such a way as to create order is difficult.

From this comes his many and well known recommendations for ruthlessness on the part of the ruler. There is no escaping his cynicism on the use of hard means, to put it carefully, but was he an apologist for tyranny? The reason, or at least one reason, he was a man of the Republic, was that under republican rule, where there is a division of power and where those in power are answerable to at least some of the people, there is ideally no need for tyranny. He also thought that kind of rule was the best basis for a stable state. Although republican rule is not democratic, that is as close to democratic thinking as was available at the time.

However, in the setting in which he reflected and wrote, republican rule was not going to happen. The problem to hand, then, was how to secure effective rule when power was in the hands of a ruler whose position rested not on the institutions and conventions of the state, but on a foreign authority (that of the Pope). The prince had been parachuted in by the enemy, yet that same prince was the only hope. That kind of ruler does not have the luxury of being able to trust that the people trust him. It is to rule under those circumstances, or so we may think, that Machiavelli’s hardest recommendations apply.

Those of us who are concerned today with the future of democratic government have much the same reasons to occupy ourselves with effectiveness. Democracy is challenged and in some ways in decline in quality and delivery. Movements of anti-politics and anger are taking hold. The core democracies of Britain and America are in a terrible way, in crises of identity and gridlocked governance. Their predicament is not unlike that of Machiavelli’s Florentine Republic: the constitutional institutions function poorly, in Britain and America’s case in particular their national assemblies, Parliament in Westminster and Congress in Washington. Cohesion of the rulers and the ruled is much wanting, as is goodwill from people to governors. Admirable constitutions are falling into disrespect and are weakened by internal divisions, lack of confidence and poor leadership. External powers of non-democratic persuasions are asserting themselves. In Europe, authoritarian Russia, with customary paranoia, is busy stirring up disorder in the democratic part of the continent, and winning admiration for “strong government” in particular in some of the younger democracies. In China, a re-constituted People’s Republic is on a mission to make totalitarianism work, racking up followers in democratic countries who either admire authoritarian force or hate democracy, or both. However you read The Prince, it is a reminder that the elementary condition of good government is effective government. We today need to be reminded that this is as true of democratic government as of any other kind. The purpose of democracy, after all, is not to be democratic but to provide for safe and effective government.

For more on Machiavelli, read Erica Benner: Be Like the Fox: Machiavelli’s Lifelong Quest for Freedom.

DEMOCRACY IN AMERICA – TOWARDS COLLAPSE?

The question is not frivolous: could democracy come to an end in America? Before our eyes, we are seeing functioning democracies disintegrating in, for example, Turkey and Venezuela, and democracy failing to take hold in, for example, Russia, Ukraine, Egypt, South Sudan and possible Tunisia where it for a while looked to be succeeding. “On more than seventy occasions [in the 20th Century] democracy collapsed and gave way to an authoritarian regime” (Robert A. Dahl: On Democracy, p. 145). Could it happen in America?

The question is being taken seriously. The most recent outgoing President, Barack Obama, in his final State of the Union Address, warned of “democracy grinding to a halt.”

It is being taken seriously by scholars. In a new book, How Democracies Fail, two Harvard political scientists, Steven Levitsky and Daniel Ziblatt, find that democratic failure usually happens by gradual slide, rather than any sudden crash, under more or less cynical leaders who have come to power through elections. If elected leaders govern in disrespect of democratic principles, democracy is in danger. Danger comes from the top.

Leaders, they argue, are a danger to democracy if they have weak commitment to democratic rules, if they deny opponents legitimacy, if they tolerate violence, and if they show willingness to curb civil liberties or press freedom. These are the warning signs.

In the American case, they argue, no President except Richard Nixon has governed so as to ring even one of these warning bells. Donald Trump, on the other hand, is exercising presidential power in a way that meets all four warnings.

Other books coming out at about the same time add to the concern. David Frum, a Republican who worked for President George W. Bush, warns, in Trupocracy: The Corruption of the American Republic, that Trump has brought “thuggery, crookedness and dictatorship into the very core of the American state, .. in a regime of deceit and brutishness.” In Fire and Fury, the journalist Michael Wolff draws an intimate portrait of a White House in the grip of ignorance, hatred and downright stupidity.

These books argue that the Trump presidency puts American democracy in danger. It might seem far fetched that a single president might put democracy in peril. The American Constitution, after all, is one of robust institutions that check each other and that has weathered many a previous storm.

But their warning is perhaps not as outlandish as one might first think, for two reasons. First, for all the checks and balances, the Presidency holds enormous powers. When an incumbent puts these powers into a relentless campaign of verbal and symbolic violence against anyone he sees to cross him, there is danger. Any semblance of speaking truth to power is now so costly that freedom of speech, and of the press, is curtailed.

Secondly, American democracy was on a path of decline before Mr. Trump became president. For my part, I warned of that decline in an op ed in the Washington Post already in 2014. President Obama issued his warning of democracy “grinding to a halt” a year before Trump was President and when no one through he wold be. My warning, and I think also that of Mr. Obama, was of a gradual weakening of the fabric of democracy. Mr. Obama spoke of a weaker democratic culture, of polarisation, mutual disrespect and an absence of trust and tolerance. My attention was on a weakening of the authority of Congress and of Congress’s ability to see itself and work as an institution, rather than just an arena of partisan battle.

The reason the warnings against the Trump presidency are valid is not simply that Mr. Trump is an unpalatable human being. They are valid for a particular combination of reasons that are coming together at this time:

  1. Trump is a man with undemocratic instincts and inclinations.
  2. He holds the enormous powers of the presidency and is showing ruthlessness in their use.
  3. This is against the backdrop of a political culture of divisiveness and distrust in which confidence in democracy and democratic values has been in decline.
  4. And against the backdrop of a Congress without authority. In the system of checks and balances, it is Congress that must check the President. So far, however, Congress has mainly given a brutish president free reins.

CAMPAIGN FOR DEMOCRACY: AN APPEAL TO PRESIDENTS BUSH AND OBAMA

Look carefully. Something is happening in American politics. For the good. Democracy itself is striking back against the onslaught of anti-politics.

In Washington, Congress is doing its job and holding the zeal of an erratic president in check. Out in the country, states and cities are running policies of their own, on health care, climate change, gerrymandering, campaign finance and more.

We are seeing the volatility of the politics of anger. Anger is still involvement. Democracy would be worse off if the grass-roots were in apathy. Involvement can be turned from revenge to engagement.

In unrelated events but on the same day, October 19, George W. Bush and Barack Obama both stepped on to the political stage and spoke in defense of the values and principles of democracy.

Mr. Bush’s message, at a conference he himself convened, was stark. He spoke of fading confidence, a society torn apart by hatreds, the absence of common purpose, challenges to our most basic ideals, and the need to “recover our own identity.” Mr. Obama, for his part, had offered the same analysis in his final State of the Union Address, in January 2016. He called on his fellow Americans that “we fix our politics” to prevent “democracy from grinding to a halt.” A better politics, he said, “doesn’t mean we have to agree on everything, but it does require basic bonds of trust between its citizens. Democracy breaks down when the average person feels their voice doesn’t matter. Too many Americans feel that way right now.”

Much is at stake. Radical populism is sweeping America and Europe. The core democracies, the United States and the United Kingdom, are in crises of identity, following through to dysfunctional governance. Societies are torn asunder by extremes of inequality and animosity. Internationally, the People’s Republic of China is claiming the mantel of world leadership.

Leaders of authority in America and Europe are seeking to stimulate engagement from below to revitalize democracy. The George W. Bush Institute is launching a “call to action” to affirm democratic values and restore trust in democratic institutions. The recent Obama Foundation “summit” was a celebration of civic engagement trough examples of good practice. In Germany, President Frank-Walter Steinmeier is orchestrating a nation-wide deliberation for better understanding of the imperative of democracy. The concern is the same as expressed by Bush and Obama, to fortify the foundations of democratic culture.

The day Bush and Obama spoke for liberal democracy in America was also the second day of the Congress of the Chinese Communist Party in Beijing. Here, the leader Xi Jinping, who in his first five years has tightened all the screws of dictatorship, was celebrating, with audacious self-confidence, the superiority of autocracy over democracy.

In a comment (in the Süddeutsche Zeitung), the German author Kai Strittmatter called on the liberal democracies to “find their voice” up against the challenges of a threatening new world order under a totalitarian power state. Chinese autocracy promises prosperity on the condition that citizens give up their liberty. Liberal democracy promises both prosperity and liberty. Democracy has the moral high ground. But during his recent trip to Asia, the American president, the leader of the free world, had nothing to say about even basic human rights. The voice of democracy is not heard.

The politics of anger can go both ways, to more revenge or to more engagement. It is not unusual these days to find opinions in the press that democracy has had its day and is finished. But experienced leaders like Bush, Obama and Steinmeier are telling us that there is engagement out there waiting to be mobilized.

The time is right to turn from despondency to action. That requires a catalyst to tilt the balance. Democracy is ready to strike back, but that will not just happen, it must be taken in hand. As always, the democratic world needs American leadership. If America can “recover its identity” it can help the rest of us to “find our voice.”

Mr. Bush and Mr. Obama have committed themselves. Let us ask these two most recently retired Presidents, who, from each side of the political divide, see the same problem and understand the urgency of action in the same way, to join forces. Let us ask them to teach us that our divisions are not irreconcilable. Let us offer to join them with our engagement. Let us ask them to make themselves the catalyst of the democratic revival that is ready to happen. Let us ask them to merge their formidable authority to mobilizing groups and communities into a Campaign for Democracy. Let us ask the Campaign for Democracy to spread through the democratic world.

THE AMERICAN CONSTITUTION ON TRIAL, PART 2

The pride of the American Constitution is “checks and balances.” It is designed to assure that neither executive nor Congress is able to rule without the consent of the other. In Mr. Trump’s presidency, this balance of power is challenged.

However, checks and balances is not the Constitution’s only job. The country needs to be governed and the Constitution should provide for good governance. The duty of government, said George Washington, the first president, in his first inaugural address, is “the discernment and pursuit of the public good.”

It has become standard among observers of American politics that Washington is “dysfunctional.” The Constitution, then, is challenged not only in its ability to check power but also to provide governance.

The Constitution may well stand the test of Mr. Trump’s attempted power grab. That is not assured but is at least possible.

Whether it can be rebooted to do the job of providing good governance is more doubtful. The Washington system has been grinding into gridlock for a long time, and this problem is made more severe by the new chaotic presidency.

There is no single cause of Washington’s dysfunction. But one strong factor is the escalating power of money in political processes. The transgression of private money into democratic politics causes elected representatives to become beholden to the givers of money. American politics have become mega-expensive – actually have deliberately been made mega-expensive for the purpose of making money the ultimate political tool. Candidates and representatives cannot (mostly) hope to win or retain office without raising large amounts of money from sponsors. Sponsors are increasingly organised in PACs, super-PACs and otherwise. In this structure of sponsorship sits the power to decide who will be elected – those the money is willing to sponsor – and what policies they can promote and support when elected – those that are acceptable to the money. The result is Congressional gridlock. President Obama explained the problem with clarity in his final State of the Union Address: elected representatives are “trapped” by “black money” and not free to make policies for the public good.

The two main criteria of good governance are effectiveness and fairness. In a democracy in which money trumps votes, governance suffers on both criteria. There will not be necessary governance if it collides with organised monied interests. Such governance as there is, will be biased in favour of organised monied interests. You could not have a better description of Washington’s dysfunction.

While Congress is the institution to look to for the checking of presidential usurpation of power, the Supreme Court is the institution that needs shaking up to control the power of money. The Court has fallen under the spell of a bizarre theory according to which the giving of money to political cause is a form of expression of opinion and therefore protected by the freedom of speech clause in the Constitution’s 1st Amendment. It has accordingly chipped away at such limitations on the political use of private money as have existed in the American system. The Court the purpose of which is to protect American democracy is, by convoluted logic, presiding over its erosion.

How could the Supreme Court be checked? None other than Congress could do it. Is a dysfunctional and demoralised Congress, “trapped” by the workings of “black money,” going to take on the Supreme Court? Not likely.