Post-election America finds itself in a panic. Voices from across a wide political spectrum warn that the country stands on the precipice of a potentially unprecedented and chaotic disregard for the laws, norms, and policies upon which its stability and security have traditionally relied. Some fear that the “new” president, Donald Trump, is likely to declare a national emergency and invoke the Insurrection Act, unleashing the U.S. military for mass deportations of undocumented immigrants and for “retribution against” the “enemy from within” as well as “radical left lunatics.” As the New Republic‘s editor Michael Tomasky notes, writing about the nomination of Kash Patel for the post of director of the FBI, “We’re entering a world where the rule of law is turned inside out.”

The blame game for such doomsday fears ranges far and wide. Many pinpoint the Supreme Court’s 2023 decision to grant immunity to presidents for their core official acts, essentially removing any restraints on Trump’s agenda of retribution and revenge. Some, like Democratic Senators Elizabeth Warren and Richard Blumenthal, see loopholes in the law as the basis for their concern about the future and are urging Congress to pass legislation that will place additional constraints on the deployment of the military on American soil. Others argue that the Constitution itself is the problem. In his new book, No Democracy Lasts Forever: How the Constitution Threatens the United States, Berkeley Law School Dean Erwin Chemerinsky even suggests that it may be time for a new constitution.

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