Pandemic and Autocracy

During this coronavirus pandemic, as in many past world crises, state leaders are using the emergency to deepen the centralized power of governments around the globe.  Populations can be eager for someone to “take charge” and deal with the crisis.  In the process, however, constitutional, judicial, and congressional restraints can be weakened and citizens may not notice the danger until it is too late..

Historically, there are strong US precedents for presidential assumption of near-autocratic power that raised little or no objection, for instance,

• Lincoln’s suspension of habeas corpus during the Civil War;
• Roosevelt’s interning of Japanese during World War II;
• GW Bush’s rounding up Muslims willy-nilly after 9/11.

Around the world in the current crisis, the same response has been widespread.

• Hungary’s Viktor Orbán pushed his parliament to give him indefinite dictatorial powers.  
• Benjamin Netanyahu authorized his country’s internal security agency to track citizens using a secret trove of cellphone data developed for counter-terrorism. 
• In Jordan, an emergency “defense law” has given wide latitude to Prime Minister Omar Razzaz to “deal firmly” with anyone who spreads “rumors, fabrications and false news that sows panic.” 
• Malawi’s Peter Mutharika has postponed elections
• and so on. 

To be sure, some centralization of power is necessary to respond in emergencies.  The president’s activation of the National Guard is appropriate after hurricanes.  Emergency appropriation of funds not yet approved by Congress may be necessary after other natural disasters.  But emergency assumptions of power can too often become indefinite in length or even permanent.

President Trump is using the Covid-19 pandemic to continue his National Emergency powers originally implemented to build the border wall without congressional oversight.  And he recently began refusing entry on the Mexican border to all immigrants, regardless of their refugee status or their right to enter the United States.  Thus, habeas corpus (the right to appear in court a judge before trial) has been essentially suspended on the border for the duration of this pandemic.

Donald Trump is impatient with the democratic principles that regulate the power of his office, and he has praised autocrats around the world.  Recently when asked what authority he had to re-open the country during that pandemic, he said that he had “ultimate authority.”  Later, he clarified, “When somebody is the president … the authority is total and that’s the way it’s got to be.”  Speaking of the power of governors and other local officials during the pandemic, he said that they “can’t do anything without the approval of the president of the United States.”

His statements created a firestorm, which was reassuring.  Even some important Republicans pointed out that what Trump was saying was in clear violation of the Constitution.  The President quickly backpedaled.  While not admitting error, he announced that it was “up to the states” to decide when and how to modify the lockdowns in their own states.

Once again, democracy held up.  For that we can be grateful.  But the pandemic is not over.  It’s important to notice once again how the President understands his role in our democracy. 

Democracy itself requires that we remain vigilant to the President’s use of power during this crisis.