38. Is the Constitution Still in Effect?

We take stock of our rapidly escalating constitutional crisis and how our interpretation has evolved over the first few weeks of the Trump regime. We talk about the role of Elon Musk, the political project the feudal tech barons are pursuing, and how Musk’s side coup relates to what the other MAGA factions have been up to: the Project 2025 crew, the America First nativists, and Trump himself. We also zoom in on what the stakes are in the fight over the agencies and departments the Trumpists want to eliminate – specifically USAID: If the regime can just shut down whatever part of the government they don’t like, dissolve agencies created by Congress, ignore existing law, then constitutional government is over – then we are no longer in a constitutional crisis, but in a situation in which an autocratic regime has suspended the constitution and ended democratic self-government. We end with a discussion of why the response by the nominal opposition party has been so fundamentally inadequate so far – and how we might finally be seeing signs of life from a Democratic Party that must abandon politics as usual and instead find ways to make the constitutional crisis visible for the American people.

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