Beyond reason
In Western culture, reason has been understood as a defense against tyranny. The “age of reason” was the foundation of the development of parliamentary authority and liberal democracies.
Reason was thought to be a powerful deterrent to the whims of a personal drive for power. So, it is understandable that much of the commentary describing the establishment of fascist politics in the US criticizes outrageous actions being taken “for no reason.”
Since September, court cases have offered scathing indictments of the abuse of federal authority in placing troops in our cities for “no reason.” In California, district judge Charles R. Bryer ruled that administration officials had “knowingly “violated the Posse Comitatus Act using false pretenses. The judge found that the administration federalized the California National Guard and invaded Los Angeles “ostensibly to quell a rebellion and ensure that federal immigration law was enforced.” However, the judge concluded, “There was no rebellion, nor was civilian law enforcement unable to respond to the protests and enforce the law.” Rather, the administration “willfully” violated the law and “coached} federal law enforcement agencies to use language to cover their actions.
In Oregon, Judge Karin J. Immergut blocked Trump from federalizing the National Guard, concluding that there was “substantial evidence that the protests at the Portland ICE facility were not significantly violent or disruptive” to warrant the action. Moreover, she concluded, “This country has a longstanding and foundational tradition of resistance to government overreach, especially in the form of military intrusion into civil affairs. … This historical tradition boils down to a simple proposition: This is a nation of Constitutional law, not martial law.”
In Chicago, both the Governor and the Mayor have vigorously resisted the federal deployments, pointing out that crime is at an all-time low and that Chicago is doing just fine.
But reason and the legal system that flowed from it, have always served the rich and powerful. As judge after judge demonstrates the lack of reasoning in Trump’s actions and provides significant documentation that he is knowingly violating both the Posse Comitatus Act and the 10th Amendment, Trump simply offers a new rationale and intensifies his actions. He is now threatening to invoke the “Insurrection Act.” His minions label judges who rule against him” legal insurrectionists.”
The shifting of grounds from declaring emergency situations to insurrection is an easy one for Trump. He has always established the basic framework, warning the military and anyone willing to listen that his greatest concern is “the enemy within.” That enemy is anyone who disagrees with him, questions his policies, or objects to the level of cruelty that is becoming commonplace.
What we need to understand at this moment is that reason and the legal system will not protect us from tyranny. They will provide a veneer of legality for fascism, making all those who disagree with Trump, treasonous outlaws.
This moment is a struggle for values deeper than reason. Are we a people who believe in a white, male, exploitive, cruel empire that willfully destroys lives, commits murders, and violates all standards of decency? Or can we become a people dedicated to creating a new covenant with each other, the peoples of the globe, and the earth upon which we all depend? This is the choice we face now.