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Battle for the Constitution: Week of January 18th, 2021 Roundup

January 22, 2021 | by NCC Staff

Below is a round-up of the latest from the Battle for the Constitution: a special project on the constitutional debates in American life, in partnership with The Atlantic.

The Gun-Rights Movement Fed America’s Insurrectionist Fever Dreams

By Firmin DeBrabander, Professor of Philosophy, Maryland Institute College of Art

Firmin DeBrabander argues that the rhetoric of gun-rights extremists helped lay the groundwork for the insurrection at the Capitol by fomenting fear and making people believe that tyranny could be close at hand and would only be stopped with force.

Don’t Be Scared of Prosecuting Trump

By Grant Tudor, Policy Advocate, Protect Democracy, and Ian Bassin, Executive Director, Protect Democracy

Grant Tudor and Ian Bassin write that, though some argue Donald Trump should not be prosecuted now that he is out of office because it could be polarizing and take time away from urgent policy priorities, it is essential to do so, so that future actors do not believe they can get away with crimes and the public does not lose faith in the justice system—and that past prosecutions of state executives have helped uphold the rule of law rather than undermine it.  

The Other Tragedy of January 6

By Robert C. Post, Sterling Professor of Law, Yale Law School

Robert C. Post says that another key issue from January 6th was that so many House Republicans voted to overturn the election with false claims of fraud and that if Congress does not pass legislation that deals with gerrymandering, we can expect such anti-democratic actions to continue.

How to Break the Demagogue Cycle

By Michael Singer, Attorney and Former Mayor, Charlottesville, Virginia

Michael Singer contends that Donald Trump represents the type of demagogue political philosophers have been worried about for centuries and that it is essential for the Senate to convict him and disqualify him from holding office ever again.

America Desperately Needs a New Age of Moral Leadership

By Daniel T. Rodgers, Henry Charles Lea Professor of History, Emeritus, Princeton University

Daniel T. Rodgers recounts how past presidents have shaped their agendas and the country through their rhetoric, and says that—to make real progress and have a hope of uniting the country—President Joe Biden must assume a mantle of moral clarity and ensure the American people believe he understands their problems and is fighting for them.

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