The critical issue is: are we governed by laws or by the whims of a person? Are institutions an expression of collective decision making or the instruments of a personality? The media reports on his edicts and assumes his will shall be done. We are surprised when courts object and wait for SCOTUS 1/
And when he is checked, is it actually law that constrains him? Dictators do not have truly absolute power. Roman Emperors had to carefully manage their actions to avoid alienating the city, right? But the limitations on power stem from purely political considerations, not legal constraints. 2/
Trump can arrest Ras Baraka. He can’t (yet) imprison him indefinitely. Both actions are illegal. I don’t think it holds to say that in the second instance the law is what’s constraining him. /3
And yes, all law is politically constructed. But in most moments here we assume that the law is in force. Leaders work to show that their actions are consistent with law—even when they are breaking critical laws. (W didn’t admit he was a torturer.) /4
Trump says, “I am the law.” And popular reporting increasingly acquiesces to this frame. Popular opinion increasingly assumes this is how things will ultimately shake out. /end
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