"I won": The left will not enjoy living with the precedents it set

The pretensions of the imperial presidency are going to haunt Democrats for the immediate future, but they’ll quickly rediscover their belief in limits on the executive. While they’re rediscovering old virtues, they might take a moment to lament Senator Harry Reid’s weakening of the filibuster, an ancient protection of minority interests in the less democratic house of our national legislature. They might also lament Senator Reid’s attempt to gut the First Amendment in order to permit the federal government — which in January will be under the management of Paul Ryan, Mitch McConnell, and — incredibly enough — President Donald Trump — to regulate political speech, deciding who can speak, about what and when, and on what terms. Perhaps they’ll thank those wicked “conservative” justices on the Supreme Court for saving basic political-speech rights. If they are smart, they will rediscover federalism, too, and the peacemaking potential of a school of thought that says in a diverse nation of 320 million souls, there is no reason that life in rural Idaho must be lived in exactly the same way as it is in Brooklyn or Santa Monica. As Charles C. W. Cooke pointed out, the same people who until ten minutes ago denounced federalism — which they mischaracterize as the doctrine of “states’ rights” — as an instrument for the suppression of African Americans are now embracing secession, which, in the American context at least, has a little bit of its own racial baggage.

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There are other ways of living. The enviable Swiss have such a wonderfully limited and distributed federal system that many of them could not tell you who the president is on any given day. The United States has never really been quite that free of executive pretense, but there was a time in our history when the question of who would decorate a wedding cake for whom was not decided at the national level. Given the current distribution of federal power, perhaps a few Democrats will see the wisdom in returning to such an arrangement.

The problem is that while conservatives see “Live and Let Live” as a useful if imperfect instrument of civil peace, progressives view “Live and Let Live” as a distinct moral evil. It is less important to them that California is allowed to be California than that Texas should be forbidden to be Texas. Progressives have since the time of Bismarck had a mania for uniformity, because they believe that uniformity is necessary for their larger project: managing society as though it were a single factory and its people were widgets. You cannot package widgets eight to a box if they vary in size or shape.

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If our so-called liberals want to bust a few shop windows in Oakland — well, there isn’t much to do in Oakland, anyway. But those of you who are shaking in your Birkenstocks over the election of Donald Trump should consider the possibility that if the office of the presidency is that important to you, then perhaps the most intelligent course of action is not to pin your hopes on controlling it always and forever (something unlikely to happen under truly democratic processes) but to work toward making it less important — to you, and to everybody else, too.

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