Carole Levine February 4, 2025
Here’s a question that has been frequenting my thoughts: What might happen if Americans mobilized for democracy?
I recognize that each of us might interpret certain words in that question differently, but I feel exploring it a bit might help us find some directions.
Mobilize is a tricky word. It might mean rally, summon, assemble, organize, or muster, The Cambridge Dictionary definitions resonate the most with me, especially at this time. It states that mobilize means “to organize or prepare something, such as a group of people, for purpose.” It also adds a second definition: “to prepare to fight, especially in a war.” Both of these definitions apply to my sense of this moment.
Understanding what democracy is and means is more complex. Each of us has our own definitions. Coming to agreement on what this means might spark deep discussions and potential arguments, even among groups that are seemingly in sync. But discussion is needed. For me, I resonate with a definition of democracy that leans into the concept of a government with power vested in the rule of law. Those laws are enacted by elected representatives who are responsible to all the people, not just those who elected them.
The actions of Donald Trump’s administration will have long-term consequences as they violate my definition of democracy. Many of his executive orders are unconstitutional and illegal actions that break the law. There should be an outcry against these actions that include firings of long-term civil servants and FBI agents who did their jobs as required. Also among these actions are the threat of withholding federal funds from states that do not comply with Trump initiated activities. All of this is happening without the due process that is required by law. And what continues are actions that clearly infringe on state’s rights.
In his post from February 3, 2025, Steve Vladeck clearly and simply provides an overview of the relationship between spending conditions, “anti-commandeering” and the US Supreme Court. He writes:
- The Constitution bars the federal government from “commandeering” state legislative or executive policymaking. (State courts are different because the Supremacy Clause expressly requires them to follow federal law.)
- As the Supreme Court held in New Yorkv United States, that means that Congress can’t tell a state what its policy on a particular topic will be (it can say what it can’t be, but that’s not the same thing; there’s a difference between a minimum wage of $10/hour and a mandatory wage of the same).
- And as the Court held in Printz v United States, that means that Congress can’t require local or state federal law enforcement officers to enforce federal law; as a matter of federal law, at least, they’re free to choose whether or not to do so.
- The Constitution allows the federal government to impose conditions on spending—even against local and state governments.
- But as the Court held in South Dakota v Dole, there are four general requirements for such conditions: they must be (a) clearly expressed in law; (b) related to the money; (c) not “coercive”; and (d) not in violation of any other constitutional provision.
The fifth point is critical in understanding the current status of actions coming out of the Executive Branch. What Trump and his acolytes are doing via executive orders, (a) is not expressed in specific law; (b) is certainly related to funding from the federal government; (c) is definitely coercive; and (d) is in violation of both constitutional and legal provisions. The Administration, in some of these actions, is holding states and their elected officials (both federal and state) hostage. To receive needed federal funds, they must comply. But we are not seeing a great outcry from our federal elected officials. On both sides of the isle there is a hush. Republicans are bowing down to Trump’s oligarchical actions. Democrats are emmeshed in their own disarray and lack of real leadership.
The current chaos is intentional.
We are, however, not without options. But sitting by and bemoaning this situation is not one of them. Urging all members of the FBI to sign a statement that says they were a part of the January 6 investigation as suggested by Diane Ravich is one way to take action. Trump is targeting for firing those agents who did their jobs in investigating the events of January 6. But the entire FBI agency was leading this process and standing as one might be a way to prevent a mass purge of the agency. We, and the agents of the FBI, do not have to stand idly by.
It also appears that the newly created “Department of Government Efficiency” (DOGE) has no legal authority. Its leader, Elon Musk, is not a federal employee and his “position” in Trump’s cadre has not been approved by the Senate. Even Trump’s announcement of the creation of DOGE puts the title in quotation marks. There is no legal standing for DOGE. Musk is an advisor to the President, but he does not have unfettered power, and he certainly has no control over government agencies. We need to speak out and push our Senators and Congresspeople to react and act to stop this illegal takeover of our government agencies. We need to stand with government workers whose jobs are in jeopardy from a person with absolutely no legal authority to remove them.
Democracy exists so that all people can participate. Today, democracy in this nation is under attack from within. We are not powerless. I am hearing from friends and colleagues who are considering not paying their taxes as a form of protest. I am not suggesting this as a solution, but our tax dollars are being used for this dismantling of our government. We need to speak out and speak loudly that this is not right and not constitutional. We need to constantly call our federal elected officials and tell them we want them to resist this “takeover” by Musk and his minions. We need to show up and protest and we need to support others who do this. We need to build our knowledge of our laws and join groups that are working to hold those that represent us accountable.
We may find ourselves in a “rebuilding and reclaiming” mode as we look to the midterm elections in 2026. If we care about what is happening, we have opportunities between now and then to work with our current elected officials and hold them responsible for standing up with us and for us to counter these illegal and unconstitutional actions of the Trump/Musk regime.
As political scientist Seth Masket put it in Tusk: “It’s perfectly fine to have a marketing gimmick like this, but DOGE does not have power over established government agencies, and Musk has no role in government. It does not matter that he is an ally of the President. Musk is a private citizen taking control of established government offices. That is not efficiency; that is a coup.” Democracy requires that we stand firm in opposition to this coup.
