Squandering America’s Greatest Asset: Legitimacy
Power is a complicated subject. Even if we ignore the many types of power based in some form of energy (electric, fossil, solar, wind, nuclear, etc.), that leaves the state of, forms of, nature of, and consequences of, power in other realms of society to a scope of discussion that can occupy many hours of debate (which scholars often do). These discussions can produce many delightful hours of intellectual masturbation. Regardless of which locus of focus one settles into in the many splendid taxonomies of power that have been produced by legions of graduate students and their mentor-professors, at the essence of all power is the issue of legitimacy. Legitimacy is what makes power powerful.
In legal discourse, legitimacy is generally granted by authority as agreed to in, and proclaimed by, law. We point to a (hopefully) well written and clear law to assess the legitimacy of an act—of the expression of power. At the state and local (domestic) level of our societies, power is made legitimate by norms and laws backed by authority and resources which flow to entities based on their legitimacy. We empower the legitimate and reject the illegitimate by withholding our recognition and compliance.
At the domestic level of analysis, these touchstones (of norms and laws) are generally acknowledged and honored. And while we do organize into groups like political parties to contend for legitimate power through political processes like elections, the state of power and its legitimacy are protected within the guardrails of systems we honor. This practice is at the core of civil society; it is what puts civil at the heart of civilization. In the human ascent from the cave to the stars, we have learned (often the hard way) that our welfare depends upon our capacity for cooperation, and while competition is also important to sort out best products and practices, we must also cooperate to apply those products and practices to achieve the highest possible state of our well-being, especially with the public goods that animate the common good. So far, pretty simple.
At the international level, the legitimacy of power is a much more precarious subject. The first thing taught in graduate school about the nature of the international system, before diving into philosophers like Thucydides, or Machiavelli, or Hobbes, or Rousseau, or Kant, is that it is anarchical: there exists no highest authority recognized by the states that make up the system. The international system is a semi-organized anarchy. Moreover, there is no touchstone—no document or court or tribunal—against which legitimacy may be staked. Although we do create many fora like the International Criminal Court and the United Nations to attempt international governance, no nation-state carries any obligation of compliance beyond their willingness to do so. Even treaties, which are the foundation of international law (along with norms) can be violated without recourse; there is no enforcement mechanism. In the international system, it is like rock climbing hoping that the next crag of rock you grasp holds and doesn’t send you spiraling to your death. In the domestic system, we install reliable handholds in the form of enforceable laws on the rock face to ensure our safety. Yet, sometimes they also fail.
This issue of legitimacy is at the heart of much, if not all, of the problems America is facing today.
Legitimacy in America is fundamentally founded in the truth, and with honor for virtues as expressed in the many provisions of our founding documents, and in the many laws and interpretations thereof provided by our courts over the years. At both the domestic level and the international level, our current president, in an attempt to consolidate power in his hands and his hands only, is deploying deceit and dishonor to destroy the legitimacy of our power at home and abroad. If one were to place Trump’s contemplation of power on an arc of maturity, it would be somewhere between late grade school and early middle school. His recent address to congress was the first such annual address I chose not to watch in five decades because I was certain it would be composed mostly of lies. Based on reporting, he did not disappoint; he is, unabashedly, our liar-in-chief.
Trump’s is the dumbest and crudest concept of power there is, which is coercive power (whether waged with guns or tariffs or insults). Coercive power, which is the use of force often without regard for law, is stupid because it results in lose-lose outcomes; rarely win-lose and never win-win. I recognize that death and destruction appeals to many—most often those who have never worn a uniform. But any clear-minded assessment conducted as a post-analysis that considers both short- and long-term effects, shows that the costs of coercive power far outweigh the benefits. This is not an idealistic or woke notion, it is founded in a realistic accounting of events.
The most obvious examples of coercive power are violent conflicts like wars that very rarely result in any side of a conflict being better off once the fighting ends. All sides lose blood and treasure and whatever bounty is claimed falls well short of the total costs incurred. In heritable conflicts like those in the Middle East, the costs compound for generations. Of course, dumb leaders also rarely care about the costs since they are endured by others; there is neither dust nor blood on their boots. Smart leaders behave otherwise; they understand that the measurement of stupidity begins when the first shot is fired.
At the domestic level, Trump’s attempts to destroy legitimacy is why so many are warning of a constitutional crisis. By his many unlawful acts, which are now being judged as such in many of our lower courts, the larger question is: who or what will stop him? Even if the Supreme Court rules against him, where is the enforcement mechanism? Historically, we have never had to be concerned about a president who would behave in such a reckless and selfish manner. Even when Abraham Lincoln suspended the writ of habeas corpus (a fundamental civil right) during the Civil War, it was done in the interest of the union, not in his desire to grab power for his own benefit.
In this new alliterative Trump couplet of deceit and dishonor, the anarchical nature of the international system will now be visited upon the domestic system focused, for the moment, at the federal level of the domestic sphere. A chaos of conflict at the domestic level is a likely development. These destructive effects will eventually cascade down to the state and local level. Once the legitimacy of law is lost, chaos ensues and entropy begets anarchy. Once legitimacy is destroyed, everyone’s gloves come off.
As the historian Niall Ferguson recently characterized, what Trump is doing in America is essentially Franklin Roosevelt’s “New Deal in reverse.” In Roosevelt’s first month in office in 1933 there was also a flurry of executive orders similar to Trump’s in number. FDR’s intent was to save the country from the effects of the Great Depression by building up government to create safety nets to arrest the fall of Americans and lift them back up—to empower them to survive and prosper again. Trump’s flurry is, however, intended to tear government down principally to give the appearance of reducing spending to allow the extension and expansion of tax cuts to the wealthiest Americans. As we have now all seen, this is hardly a smooth or well orchestrated process. Whether one sees merit or malice in his intent, this much is clear: his aim is chaos and destruction and, moreover, to keep himself in the spotlight.
At the international level, we watched the legitimacy of American power evaporate in the Oval Office as Trump-the-thug and Vance-the-punk channeled their best impersonation of the Sopranos to bully a vulnerable ally in Ukraine’s Zelensky. It was a classic protection-racket shakedown and was most certainly not how a superpower behaves, but we won’t have to concern ourselves with that designation much longer. As disgusting and disgraceful as their performance was, the larger issue for America is how it sacrifices the legitimacy of our power accumulated since the end of World War II and our victory over the Soviet Union in the Cold War.
Once you act against the truth and your own established values, you become unreliable as an actor in the anarchical international system where reliability and predictability are the only prophylactic to anarchy. Other states—both allies and adversaries—begin to discount and disregard your power. It starts with simple acts of disengagement with the United States, which is now occurring with allies across Europe. Then, adversaries, like Putin and Xi and Kim, and Khamenei move aggressively to seek advantage by attacking their adversaries and forming new bonds with our vulnerable and newly-skeptical allies. Former CIA director Bill Burns warned us that China would be capable of invading Taiwan by 2027. I expect that may now happen sooner. More immediately, expect Putin to increase the scope and magnitude of his attacks on Ukraine, and the Balkans could be next.
Therein lies the slippery slope to a worldwide conflict not, as Trump warned Zelensky, from his refusal to bend and bow to the shakedown in the Oval. A third world war will be on Trump’s head. Moreover, once American legitimacy is gone, no level of coercive power can fix it. Pax Americana—the assurance of peace and prosperity throughout the world led by America—goes poof! Such is the nature of empires: they collapse under their own stupid acts.
I pine for the days of enlightened leadership in our country. Leadership that understands that legitimacy is a paramount concern and that it most easily arises through the service to, and the empowerment of, others. Not by the coercion of others. But that’s not the MAGA world we are stuck with today. After the debacle in the Oval, they were the ones pounding their chests like schoolyard bullies with the occasional flexion of a faux Nazi salute. Lest we forget, it didn’t end well for the Nazis, but it cost the world some seventy-five million lives and destruction that spanned continents. It has taken decades of sacrifice and toil and innovation and creativity (and luck) founded in a deep sense of honor for the United States to become the world’s lone superpower, but it doesn’t take long to lose it. Legitimacy is something you either have, or you don’t. There is no such thing as ‘sort-of’ legitimate.
May God bless the souls of those who sacrificed so much for our country. May the suffering coming to so many Americans today be shallow and short. Today, I feel as many of you do: embarrassed and ashamed. As much as I miss my parents, I am grateful they did not have to see what they and their generation worked so hard to achieve being squandered by an egomaniac.
May we someday restore the legitimacy of what was the greatest nation in the modern era. Maybe our children will be able to rescue us from ourselves and turn our flag right side up, again.