Las Vegas Review-Journal (Sunday)

What’s at stake

Election a choice between rule-changing and respect for constituti­onal norms traditiona­l presidenti­al campaigns, the two major parties offer contrastin­g ideas and policies. The Democratic and Republican candidates barnstorm the nation to make their cases.

- VICTOR DAVIS HANSON

I NNot this year. Democratic nominee Joe Biden is more or less a virtual candidate, mostly communicat­ing from home via Zoom. He offers few detailed alternativ­es to the first four years of the Trump administra­tion. Instead, Biden is running on the idea that President Donald Trump caused the COVID-19 pandemic and the resulting economic recession, and that he’s responsibl­e for violence in the streets.

But Biden rarely offers contrastin­g visions of what he would have done differentl­y than the Trump administra­tion — or, for that matter, major European countries that are now in worse economic shape and fighting another coronaviru­s spike.

Even in the final days of the race, Biden is making far fewer campaign appearance­s than Trump. The challenger is outsourcin­g to the media his defense against allegation­s that the Biden family has peddled influence to foreign interests for millions of dollars that were routed into family coffers.

An inert Biden is playing the role of good ol’ Joe from Scranton, while his supporters hope not just to change the presidency, but to alter the very rules of how America has been governed for decades and even centuries.

Not long ago, the left favored the Electoral College. California, New York and Illinois gave Democrats more than 100 automatic Electoral College votes. The left bragged that their “Blue Wall” lock on solidly Democratic, union-heavy Midwestern states had ensured Barack Obama two presidenti­al terms — and in 2016 would guarantee

Hillary Clinton the presidency as well.

But in 2016, the Blue Wall crumbled — perhaps permanentl­y.

Now, furious progressiv­es plan to end the constituti­onally mandated Electoral College by hook or crook. They feel it no longer serves their election purposes.

Ditto the traditiona­l structure of the Supreme Court. For nearly 60 years, a left-leaning Supreme Court revolution­ized American cultural and political life with progressiv­e decisions. The majority on the court advanced liberal agendas that often found little support in referenda, state legislatur­es and Congress. Even Republican-appointed judges often flipped from conservati­ve to liberal in the progressiv­e culture of Washington. Once strict constructi­onist justices such as Harry Blackmun, William Brennan, Lewis F. Powell Jr., David Souter, John Paul Stevens, Potter Stewart and Earl Warren all became activists, delighting the left. Almost no Democratic-appointed justices turned traditiona­l and conservati­ve.

The Supreme Court includes two of Barack Obama’s liberal nominees, Sonia Sotomayor and Elena Kagan. The left assumed that after 2016, Hillary Clinton as president would appoint three or four more activist justices over her almost guaranteed eight-year tenure.

But then the unthinkabl­e happened with the stunning 2016 election of Donald Trump.

Trump now has appointed three traditiona­list (and relatively young) justices to lifetime spots on the Supreme Court. Ironically, he was empowered to do so after Democratic Senate Majority Leader Harry Reid changed the Senate rules in 2013, reducing the threshold for approval of executive and judicial nominees from 60 votes to 51 votes.

Reid wrongly took for granted that Democrats would control the Senate for the next decade as part of an Obama-Clinton 16-year continuum. Reid wished to ensure

that the Republican Senate minority would have no ability to obstruct the appointmen­t of progressiv­e nominees until at least 2024. Instead, Reid ensured that Trump and a Republican-controlled Senate could appoint conservati­ve judges at will under the new rules.

If elected president, Biden would likely “pack” the Supreme Court with additional slots. That enlargemen­t would ensure new activist left-wing justices. In other words, the 151-year tradition of a Supreme Court with nine justices would end.

The left also wants to pack the Senate — and change the rules. Puerto Rico and Washington, D.C., would become new states. Their admission would end the tradition of 50-state America and would likely mean another four Democratic senators.

A Biden presidency and Democratic-controlled Senate would also quickly kill off what is left of the filibuster. Democrats wish to ensure that a surviving Republican minority could not impede progressiv­e agendas in the same manner that the Democratic minority has stopped Republican legislatio­n in recent years.

In sum, the 2020 election is not just about Biden sitting on a perceived lead and trying to run out the clock against barnstormi­ng incumbent President Trump. It is really a choice between changing rules when they are deemed inconvenie­nt and respecting constituti­onal norms and long-held traditions that have served America well for many years.

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