Admittedly, his actions are now breaking new ground. He's elevated family members -- daughter Ivanka and son-in-law Jared Kushner -- to senior policy positions, while ensuring that his business empire profits from his presidency in unprecedented ways. Still, to understand the more lasting impact of the Trump administration requires a look at how his crew is transforming the underlying structures of American democracy, whether it's the influence of money on politics, the hijacking of the judiciary, or the undermining of media watchdogs.
Trump grabs the daily headlines with his loose tweets and outrageous acts. The savvy operators and implementers lurking in his shadow use the cover of scandal to move those guardrails in a big league fashion. The defenders of today's Maginot Line will wake up some morning to discover that the enemy never had to storm the battlements. They just uprooted the fortifications and shoved them out of the way.
Boosting the Rich
Many democratic countries wouldn't tolerate the way the rich and corporations call the shots in American elections. To win a House seat, for example, now costs, on average, $1.5 million; a Senate seat, nearly $20 million. By contrast, in Canada, where neither corporations nor unions can make campaign contributions and individuals are restricted to a very modest $1,500 cap on party donations, a typical campaign for parliament costs in the tens of thousands of dollars and nearly half of the biggest spenders lose.
In 2010, the situation in the United States became incomparably worse when the Supreme Court decided, in the Citizens United case, that campaign contributions are constitutionally protected free speech. Super PACs can now spend unlimited amounts of money on elections, giving rich individuals unparalleled impact and a way to cover their tracks through "dark money" contributions. Former president Jimmy Carter has accurately labeled that decision "legalized bribery."
Meanwhile, money has come to play a remarkable role in policymaking, too. Where other countries struggle to expunge bribery and corruption from their political systems, the United States has simply institutionalized it under the rubric of lobbying. As Michael Maiello wrote in Forbes back in 2009:
"[I]n an open society like the U.S., our brightest minds are unable to draw meaningful distinctions between handing someone an envelope full of cash and flooding a senator's campaign war chest, except to point out that lobbying is far more effective. A briber wants to circumvent the law. A lobbyist wants to change it."
Trump famously declared his independence from donors and lobbyists. He told the Koch brothers, for instance, that he didn't "need their money or bad ideas." In the end, however, he would prove just as beholden to big donors as any conventional politician. He rode to power with the backing of casino magnate Sheldon Adelson, Home Depot co-founder Bernard Marcus, World Wrestling Entertainment co-founder Linda McMahon, hedge fund operator Robert Mercer, and philanthropist Betsy DeVos. After the election, he immediately rewarded McMahon and DeVos with administration positions, then pushed through a tax reform bill that was a bonanza for his billionaire buddies and transformed Middle East policy to reflect the demands of Adelson, Marcus, and Mercer. And though he promised to clean out the Washington swamp, his appointees have been embroiled in one scandal after another.
The Trump team is also making structural changes to restrict the ways that ordinary citizens can, in the future, challenge such a plutocratic form of government. Building on successful Republican Party efforts in, for instance, Florida leading up to the 2000 presidential election, the Trump administration is going all out to suppress the electoral participation of minorities and the poor. New voter ID laws helped him win key states like Wisconsin, so no surprise that he wants to make such a voter ID system a nationwide one.
Leading up to the midterms, the Republican Party has also been rushing to purge voter rolls and put in place racial gerrymandering, even using the Americans with Disabilities Act as an excuse to close polling places in rural Georgia to tamp down the African-American vote. In a team effort by the Justice Department and Immigration and Customs Enforcement, the president has also directed federal agencies to gather voting records in areas of North Carolina with large Latino populations in order to keep likely Democratic Party voters away from the polls.
In this way, Trump is working to return America to its glory days -- when only well-off white men had the right to vote.
Tilting the Courts
Trump controls (if that's the term for it) the White House; the Republicans, in part through voter suppression and gerrymandering, control Congress. But pollsters predict that the Democrats are likely to win back at least the House in the coming midterm elections and the 2020 presidential election is clearly still up for grabs. So, in its quest to move the political guardrails more permanently, the Trump administration has focused on the third branch of government: the courts. There, it can not only neuter one of the most powerful checks on Trump's 1% agenda, but have an impact that will last for decades.
With the Supreme Court, the Republicans in Congress proved both lucky and strategic. President Trump was immediately able to fill a vacancy, thanks to the Republican Party's successful Hail Mary decision to block Merrick Garland's nomination in the waning months of the Obama administration. Then, by nominating Neil Gorsuch to fill the vacancy created by Antonin Scalia's death, the Trump team began to make a play for the retirement of swing-voting justice Anthony Kennedy. Gorsuch had clerked for Kennedy and so had the two key candidates (Brett Kavanaugh and Raymond Kethledge) that Trump fingered for his seat, should it become vacant. The president then played up his business relationship with Kennedy's banker son, while Ivanka worked her charms on the judge over lunch. Administration officials swore that they would honor Kennedy's legacy, as long as he resigned quickly enough to squeeze in another confirmation before those midterms threatened Republican majorities in Congress.
Meanwhile, the Trump team barreled along making judicial appointments to the lower courts at a time when it could barely be bothered to fill key positions in the State Department. The new president came into office with 105 unfilled judicial vacancies, a legacy of Republican congressional foot-dragging during the Obama years. While conservative allies supplied him with a wish list of judicial ideologues, Trump acted with all deliberate haste by appointing 22 appeals court judges and 20 district judges (all lifetime positions). These new judges -- in the 12 federal judicial circuits with regional jurisdiction -- have already made their mark in cases involving campaign finance, presidential authority, and abortion, among other issues. "After just 18 months, Trump has 'flipped' two circuits -- the Sixth and Seventh -- from what Trump's supporters in the conservative legal movement consider 'liberal' to more properly conservative," writes Jason Zengerle in the New York Times Magazine, pointing out that other circuits are also now nearing the tipping point.
This judicial transformation extends to federal agencies. Administrative law judges are basically civil servants who handle a varied caseload from Social Security benefit claims to regulatory enforcement. After making a broad interpretation of a recent Supreme Court decision, the Trump administration is now transforming these 1,900 judges into the equivalent of political appointees. It also argues that it can fire judges and hire new ones to pack such administrative courts, which will then help push a Republican anti-regulatory revolution from within.
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