Why the 2022 midterm elections were just as dangerous as the 2020 election

By David Cheng

Though many have rightly praised the victory of Joseph Biden over Donald Trump in the 2020 presidential election as a significant defeat for authoritarian and anti-democratic forces in the United States, last year’s midterm elections presented a dangerous opportunity for those forces to regain some control over the levers of power. Make no mistake: this election was not about conservatism vs. liberalism, but rather tyranny vs. democracy. While it may have seemed hyperbolic a few years ago, it is now clear that the ideology of Trumpism has sought to undermine democratic institutions and ignore the will of the people, with the goal of entrenching Trumpists at all levels of government. 

What is even more disturbing is what these individuals planned to do once they gained power. While the Republican party and conservatism since the 1980s have been strongly associated with individual liberty, free-market capitalism, and less government interference, Trumpism takes almost completely disavows those ideals, instead taking a poisonous approach of “rights for me but not for thee.” A chilling example of this approach is the rise in right-wing attempts to ban books related to LGBTQ and racial issues. Recall that conservatism has traditionally championed the concept of free speech even for issues/people deemed controversial. However, many right-wing groups (no doubt emboldened by Trump’s “strong leader” method of governing) have decided to use the pretext of “inappropriate content” to restrict books that they deem to be offensive or uncomfortable. In the past, a more level-headed conservative leader might have urged those concerned by the books to simply not read them instead of stripping away the rights of those who want to read them. Indeed, whether one likes the content of those books is not that important, because one would be a fool to think that Trumpists would stop at banning a few books. Once the right to free speech is defiled by these people, they will use every opportunity to restrict the viewpoints of their political opponents in the name of “decency.” 

 In fact, this theory of governance has a name: “common-good constitutionalism.” The term was coined by conservative Harvard law professor Adrian Vermeule. Vermeule, as he should, uses a lot of scholarly language and legal theories to explain this new concept, but the gist of his argument is that “strong rule in the interest of attaining the common good is entirely legitimate.” While this theory may sound nice on the surface (Who wouldn’t want the government to use its power to promote the common good?), its pitfalls become apparent when one thinks about who decides what the “common good” is (Hint: it’s whoever is in control of the government). Vermeule even goes so far as to argue in favor of “legislating morality,” which completely goes against the constitutional principles of this country. If the Founders had wanted this country to follow a specific moral code, then they probably would have included it in the Constitution. In the eyes of today’s right-wing Trumpists, the “common good” is eliminating all liberal ideals from society (and I mean classical liberalism as well as modern liberalism). That’s right, the rich aren’t safe from the Trumpist revolution either. Ron DeSantis, who some argue has positioned himself as a new leader of Trumpism, recently strippedthe powerful Walt Disney Company of its special governing district for its Orlando-area theme parks, which had granted it special tax privileges and other benefits, due to Disney’s public opposition to DeSantis’ legislation banning the discussion of LGBTQ topics in Florida public schools. Trumpists are willing to attack private businesses and potentially hurt the economy if those businesses disagree with Trumpist policies. Individual rights and even property rights are expendable if the “common good” requires it. The danger is not necessarily what Trumpist legislators will do in Congress (not much since any bill they pass will be vetoed by Biden), but that Trumpism as an ideology will get a new lease on life. This election was a chance for pro-democracy Americans to send the Republican Party an ultimatum: turn away from Trumpism or face continued electoral defeat. The point is not to destroy the Republican Party, but rather force it to confront the anti-democratic forces within itself. America needs both parties to be committed to democracy and basic constitutional principles.