The Post-Constitutional Order

It is increasingly obvious that the American constitutional order has been overthrown.

My newest piece at The American Mind

The regime and its media handmaids have been fabricating news for years, bombarding us with alarmist rhetoric about Donald Trump’s supposed authoritarianism: “Not since the…Civil War have freedom and democracy been under assault here at home as they are today.” But in the wake of the recent show trial verdict of the former president, that rhetoric has shifted. Now we’re told that the successful conviction of Trump represents “a triumph for the rule of law” and a “dramatic barometer of the strength of…our judicial institutions.” “No one,” President Biden assures us, “is above the law.”

It used to be that the jury trial itself, not the verdict, was considered a “triumph” of the rule of law. Today, such a belief is inexcusably naïve. By regime logic, guilty verdicts for its political opponents are the only evidence of a healthy legal system. Thus, the legal system is strong because it convicted Trump. Ditto for Peter Navarro, Steve Bannon, and other political opponents of the regime. For the regime, any other outcome is “lawlessness.”

In reality, it is these prosecutions that represent the exercise of an awesome and lawless power radically unfamiliar to Americans. The regime is so powerful that it exercises near total dominion over the rule of law, easily wielding the legal system as a tool to prosecute its political opponents with impunity, just as it uses many other forms of lawfare to maintain its grip on power.

Indeed, not only is our legal system fragile, weak, and on the verge of collapse, but it is also increasingly obvious that the American constitutional order has been overthrown…

You can read the full piece here at The American Mind.

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