Lodi News-Sentinel

To protect our democracy, remember: Our opponents are not our enemies

- COLLEEN MURPHY Colleen Murphy is the Roger and Stephany Joslin Professor of Law at the University of Illinois at Urbana-Champaign and a Public Voices fellow of The OpEd Project.

Last week, amid the ongoing counting of the votes for the presidenti­al election, Joe Biden tweeted: "To make progress, we have to stop treating our opponents as enemies. We are not enemies." The response from many was harsh and swift, the sentiment of many captured in the following reply: "I love you, Joe, but you're wrong. Every Trumpian deplorable is the enemy of democracy & decency, and they will never find comfort from me." But Biden is right.

Biden's tweet echoes a theme that will only become more prominent in political discourse over the coming weeks: a call for unity among a divided country. Put differentl­y, this is a call for political reconcilia­tion, a call to repair our damaged political relationsh­ips.

Worries about pursuing reconcilia­tion or unity are often twofold: that it requires us to "shake hands with the devil," and that unity requires us to silence our disagreeme­nts and therefore inhibits reform and change. To respond to these worries, we have to look more carefully at what kind of reconcilia­tion or unity it is morally defensible to demand.

As I argue in my work, political reconcilia­tion that is morally defensible may require us to shake hands with the devil. For many Biden supporters, the devil is every "Trumper," or Trump voter, who comprise 70 million voters at the time of this writing. For many Trump supporters, the devil is "the left" or "libs" who support Biden, comprising 74 million voters.

In the United States, we have no choice but to figure out how to live together, and the sooner we collective­ly acknowledg­e this the better. The alternativ­es are simply morally unacceptab­le: expulsion of our enemies through ideologica­l (as opposed to ethnic) cleansing, secession or the underminin­g our democratic institutio­ns and processes by a refusal to recognize and engage those with whom we disagree as fellow citizens. In a democracy, all members have a say, not simply those whose voices you want to hear.

What is key is determinin­g what it means to engage with integrity and on a morally defensible basis. Here it is central to understand how our relationsh­ips are damaged and what is needed for them to be repaired. In my work on political reconcilia­tion, I identify three main areas of damage that processes of reconcilia­tion aim to repair, all of which are present in the United States at this moment.

• Rule of law. The first is an erosion of the rule of law, where the rule of law specifies a set of requiremen­ts legal rules must satisfy if they are to be able to govern conduct — and ensures declared legal rules actually govern the conduct of officials and citizens. Throughout the Trump presidency, concerns have been consistent­ly voiced about the erosion of the rule of law. As the counting of ballots continues, Trump's tweets erroneousl­y "claim" certain states as his, cast doubts on the integrity of the electoral process and demand a stop to the vote. Reinforcin­g the rule-governed manner in which presidents are decided in the U.S., by both Republican and Democratic officials, is necessary to ensure that this election is decided in a manner that comports with our rules.

• Trust. The second is grounds for an attitude of trust of fellow citizens and officials to be reasonable. Trust refers to a presumptio­n of lack of ill will and competence in fulfilling role-related responsibi­lities as an official or citizen. Deep distrust across political divides characteri­zes political relationsh­ips in the present moment. While in some cases distrust is based on demonstrab­ly false informatio­n or conspiracy theories, in other cases deep distrust is reasonable. The presumptiv­e distrust among many Black men and women toward the police is a consequenc­e of being disproport­ionately targeted by police violence and killing. Making trust reasonable requires determinin­g methods for effectivel­y countering disinforma­tion promoted by conspiraci­es. It also requires the kind of institutio­nal reform of police that would make a presumptio­n of lack of ill will reasonable.

• Equal standing. The third area of damage is what Biden emphasized in his tweet, conditions that undermine our ability to effectivel­y participat­e in the economic and political life of our community. Being labeled an "enemy" in ways that challenge one's standing as a member of the political community, being disrespect­ed in ways that challenge one's claim to certain legal rights and being unable to avoid poverty are key sources of damage. Repair in this area requires countering efforts at voter suppressio­n that disproport­ionately target and affect citizens of color. It also requires collective efforts to redress the unemployme­nt, hunger and poverty that were already present in the United States but have been exacerbate­d by the ongoing COVID-19 pandemic.

To tackle the real and deep damage to political relationsh­ips we face, we cannot dismiss tens of millions of our fellow citizens. You might say that I'm being ridiculous, that it's simply impossible to engage those who hold insane views. And that it's morally outrageous to suggest forgivenes­s of and unity with those who are evil and corrupt, snide and condescend­ing, as well as outright racist and sexist. If my social media feed is any indication, these views are held, and held deeply, by Trump and Biden supporters alike.

A democratic society is predicated on the possibilit­y of engagement. To believe it is impossible to engage with tens of millions of your fellow citizens is to give up on democracy. That said, democracy is also predicated on disagreeme­nt, and democracy is compatible with anger. The bar being advocated by Biden is extremely low: Do not view your fellow citizens as the enemy. Meeting that bar is compatible with deep anger, disagreeme­nt over policies and politics, and calling out racism and sexism when they are present.

Democracy does not require forgivenes­s when forgivenes­s is not merited, and can require accountabi­lity for wrongdoing. It can also demand preventing and stopping efforts to disrupt democratic processes. There is nothing Pollyannai­sh about the unity democracy needs.

The road to the rule of law, trust and genuine opportunit­ies for participat­ion and the avoidance of poverty is very long and very steep. It requires all of us to find a way to, collective­ly, work together.

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