Democracy Won Tuesday. The Danger Isn’t Over

Many are rightly joyous at the unequivocal results of the midterm elections. Especially for those of us who have been very worried as we watched the administration continue to consolidate and exercise its power in autocratic and dictatorial ways, the results provide some hope: hope for a re-emergence of rule of law, hope for Congress to begin to assert its powers to restrain and hold accountable an amok administration, hope that a newly diverse class of leaders will bring new visions to public life, hope that Americans from all walks of life, who worked tirelessly for the last two years to build the infrastructure that allowed Tuesday night’s massive results, will increasingly have their voices heard and their power realized.

The lopsided results, in their magnitude, serve even to cast doubt on a number of potentially worrisome postelection scenarios where the administration tries to manipulate the system in order to retain as much power as possible. The win, as some have pointed out, was simply too big to rig. And moving forward, the truly massive scale of democratic wins both in terms of Congressional governing majority but also in the states, which will serve as a bulwark against nightmare electoral scenarios, cannot be overstated.

However, we must not jump past the next two years without acknowledging that we will have to live through them. Donald Trump has said he is “willing to work with” a democratic congress, but what is said in public, on election night, does not predict what will actually happen. There are a number of dangerous incentives created by his massive electoral defeat.

Here is why I believe it is critically important to remain vigilant:

  • Temperament. Does anyone think that Donald Trump will remain willing to work with his detractors? (Or, conversely, that they will have the desire or political room to work with him?) His track record of equanimity in the face of frustration is poor. It is possible that within weeks he will be planning ways to get even.
  • The Instinct to Escalate. While the pressure that Congress can bring to bear in the form of investigations and intense oversight are formidable, Donald Trump has shown himself to be someone who does not mind a fight. Further, in the face of opposition, he has shown that his instinct is to double down on his position again and again.  And he likes big moves. The recent appointment of Stephen Miller to be his new Chief of Staff speaks loudly. While maintaining Congressional oversight will be critical, we must not believe that it will restrain him fully. It may restrain the worst of his possible instincts, but even that remains to be seen.
  • The Existing Powers. The powers of the Executive Branch remain massive, especially in certain areas. The Supreme Court granted the president absolute immunity for conduct within exclusive constitutional authority and presumptive immunity for other official acts. This means Trump is personally insulated from criminal accountability for an enormous range of actions involving national security, homeland security, and justice. Trump has openly mused about pardoning his staff en masse, and there remain a number of loyalists. Some will abandon him, but not all.
  • The Shoes that Have Not Dropped. The groundwork has been laid for many actions that are within the executive branch’s power, yet have not been fully reified yet. The Insurrection Act has not been invoked. Wholesale prosecution of enemies has not yet been pursued (this remains retail). Investigation and targeting of critical NGOs, under the guise of rooting out “fraud” or stopping “domestic terrorism”, has not yet been implemented at scale. Many waited for these things to happen in 2025 and 2026. They did not. Now that he has little to lose politically, why might they not start now? The incentives against action have weakened.

Indeed, in the next few months the outgoing Congress remains in place. The administration could act before the new majority can exercise oversight or legislative power.

Working long-term to build a democracy that contains a vision for an inclusive and positive future is critically important. But we must not skip the important step of living through the next two years and putting every barrier possible in the way of further autocratic slide. This includes continuing the critical work that so many organizations like Protect Democracy, Democracy Forward, Democracy Docket, the Brennan Center for Justice, and more did to rapidly bring matters to court that stopped the worst moves by the administration. It also includes the important organizing work of Indivisible and the No Kings coalitions, which enabled and made visible continued public pressure – because it will be the people of the United States who will provide the strongest guardrails.

Tuesday’s results simultaneously strengthen democracy’s prospects and increase the immediate risk that we may face autocracy at home.

We are not out of the woods yet.


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