A Messaging Switch?

Conservatives contend that the “mainstream media” is liberal, but even if true, liberals are exceptionally bad at using that media to sell their message. Pop quiz: give me a liberal aphorism or quote from past years that helps set the political agenda today. Compare whatever you remember with these: “Government is not the solution to our problem; government is the problem.” “Government’s first duty is to protect the people, not run their lives.” “Government’s view of the economy could be summed up in a few short phrases: If it moves, tax it. If it keeps moving, regulate it. And if it stops moving, subsidize it.” “The best minds are not in government. If any were, business would steal them away.” “The problem is not that people are taxed too little; the problem is that government spends too much.” “The nine most terrifying words in the English language are, ‘I’m from the government and I’m here to help.’”

These are all the words of Ronald Reagan, and this still-resonating rhetoric starts many political policy discussions today. For example, a right-leaning acquaintance recently posted, “You either understand history or you can trust the government. You can’t do both.” I am fairly confident that he, a few years younger than I, and many of those who support his perspective expect Social Security and Medicare benefits to come to them from that very government.

These slogans are not founded on the thought that government does good things or that taxation can lead to a better society. Instead, the basic premises are that government is dangerous; government is too big; government is inept; government is incompetent; taxes are bad; taxation is too high; regulations destroy jobs. Reagan remains influential because he re-shaped the political dialog even though his actual policies often confirmed that conservative ideology was ineffective. So, for example, conservatives continue to maintain that economic growth spurred by tax cuts will cut the federal deficit and reduce unemployment. Reagan engineered a major tax cut, but the federal deficit and debt ballooned. Reagan then went on to support specific tax increases–on gasoline, for instance–in a failed attempt to lower the debt. Part of the deficit problem, in spite of his aphorisms, was that Reagan did not cut government spending; instead, the size of the federal government and its deficit increased significantly under his watch.

The liberals have lost out on the political starting point for what should be an essential discussion: What is the role of government? Their answer should be that government can address a wide range of problems that markets alone are ill-equipped to tackle. Liberals and anti-conservatives, however, have not been good at producing a debate about the basic roles of government and, instead, seem able only to respond to conservative claims.

Al Franken in his book Giant of the Senate explains why: “Democrats always have a disadvantage in messaging—not because we’re idiots, but because we have complex ideas and, sometimes, a hard time explaining them succinctly. Our bumper stickers always end with ‘continued on next bumper sticker.’” For example, it is easier to proclaim simply that immigrants take jobs and commit crimes than it is to discuss with more nuance that our economy is not a zero-sum game where a job for one is not simply the loss of work for another; how immigrants help grow the economy by buying goods and services; how immigrants pay payroll and incomes taxes; how, as our birthrate declines, immigration is a force for necessary workforce expansion. Yes, no bumper sticker can do that. Democrats are not sparkling sloganeers.

While conservatives had successfully turned those scary big-government slogans to pithy soundbites, Trump has shattered that shibboleth by expanding the reach of the federal government. Trump’s trade wars are not small government nor is the attempt to run Venezuela’s oil industry. Taking government stakes in corporations is a new form of socialism, not small government. Promoting monetary giveaways for votes is not small government. Government interference with doctor-patient relationships is not small government. Nationalizing elections is not small government. New geographic names are not small government. Nor is a ballroom. Nor an arch. Wars are not small government. Sinking boats and killing people in international waters are not small government. Using the FCC and other government tools to stifle speech is not small government. And so on. Trump and his allies want something like an omnipresent government, but they want it run solely by the president. Reagan’s small government slogans have mostly been ruptured because Ronald Reagan is no longer part of this new “conservative” movement.

The current conservatives do use some old stuff. They still wave the law-and-order flag. Perhaps that can still engender fears that turn into votes, but it is hard to focus on that when Trump continues to talk about how we live in a crime-filled world but also takes credit for a decrease in crime. Can both of those positions simultaneously work for conservatives? Don’t people easily see through this inconsistency?

Conservatives have also tried to resurrect a fear of the “Communist” or “Socialist” label while ignoring the president’s forays into something like socialism. It is not clear whether the epithets will have meaningful traction. In any event, only a handful of the Democratic candidates running for Congress consider themselves Democratic Socialists, and most of the other candidates steer quite clear of the DSA.

Although Republicans have derided Democrats for culture wars, the conservatives most effective sloganeering has its own form of wokeism. It centers on our tiny transgender population. In what is a big government position, they want the government to prevent medical care for people seeking gender-affirming care. And their slogan, one that tries to strike fear in the hearts of fathers everywhere, has been, “No men in women sports.” That has been a dominant message of recent years. Politico reported on June 1 of this year: “Trump, in the closing days of his presidential campaign, spent more on ads criticizing Vice President Kamala Harris for supporting rights for transgender people than on any other subject,” [and in 2024,] “House and Senate Republican and their affiliated campaign arms unleashed over $110 million [emphasis added] in ads on issues such as rejecting gender-affirming care for minors and banning transgender women from participating in women’s and girls’ sports, according to AdImpact data.” Perhaps this approach will still have traction, but it also might seem to be a tired approach that ignores important issues more on the minds of voters–issues such as affordability, healthcare, and housing.

Meanwhile, while Democratic Socialists have some stupid, self-defeating slogans (“Abolish the Senate” comes to mind), they have some good ones, or at least ones that are better than what other Democrats have been producing. Here’s one: “Medicare for all.” Not sure that they can accomplish that, but it evokes the egalitarianism that America proclaims to stand for. Another example is advocating for livable wages. Who can be against that? Even JD Vance in his recent book Communion: Finding My Way Back to Faith (2026) favors livable wages, but few, I think, would argue that he or his party are working towards policies that further that goal.

C’mon, publicists, come up with some snappy slogans that tell people that the world is on fire, that we are about to jettison our democracy, that we have lost our way, and that electing Democrats just might be a way out of the morass.

REMOVAL OF THE PRESIDENT: A PRIMER

There has been a lot of talk recently about how to divest ourselves of the current president. There’s not a chance, and here’s why.

The United States has two constitutional methods for removing a president.  The first is the impeachment process. Three separate constitutional provisions are involved. The first gives the House of Representatives the power to impeach.

Article I, Section 2, Clause 5 states: “The House of Representatives shall have the sole Power of Impeachment.”

Impeachment means an accusation or charging decision akin to an indictment. It is not a conviction. This means the House takes on the role of prosecutor and decides whether to bring charges.

In modern times, impeachment proceedings begin in the House Judiciary Committee, which investigates and holds hearings on the charges. The committee may produce an impeachment resolution that usually contains articles of impeachment based on specific charges. The House then votes on the resolution. Impeachment requires a simple majority in the House.

The Constitution gives the Senate the power to try an impeachment’s accusation. Article I, Section 3, Clause 6 states: The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.”

House members act as prosecutors for the trial. Attorneys for the accused can present a defense and question witnesses. The accused may testify. If the president has been impeached, the Chief Justice of the United States presides over the trial. In other cases, the vice president or the president pro tempore of the Senate is the presiding officer.

At the end of the trial, the Senate debates in closed session, with every senator limited to 15 minutes of time. Each article of impeachment is voted on separately and conviction requires a two-thirds majority. If all 100 Senators are present, sixty-seven are required to convict.

Article II, Section 4 of the Constitution defines who can be impeached and for what. It states: “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

An impeached official can be convicted for the reasonably well-defined offenses of treason and bribery and the broad category of “high crimes and misdemeanors.” That phrase does not have a fixed definition. Perhaps most famously House Minority Leader Congressman Gerald Ford said in April 1970, “An impeachable offense is whatever a majority of the House of Representatives considers it to be at a given moment in history.” At that time, Ford was seeking to impeach Supreme Court Justice William O. Douglas, a staunch liberal he accused of financial impropriety.

Impeachment is not limited to the president but applies to everyone in the executive branch and the judiciary. To date, the Senate has conducted formal impeachment proceedings nineteen times, resulting in seven acquittals, eight convictions, three dismissals, and one resignation with no further action. The eight convictions were of judges. Although three presidents have been impeached (Andrew Johnson, Bill Clinton, Donald Trump twice), the Senate has not convicted a president although Johnson survived by only one vote. (This post-Civil War drama produced one of the chapters in John F. Kennedy’s Profiles in Courage.)

The consequences of an impeachment conviction are removal from office and a disqualification from holding future federal offices. Article 3, Clause 7: “Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.”

A second process for removal of a president comes from Section 4 of the Twenty-Fifth Amendment. It reads:

“Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.”

The impeachment process is aimed at the conduct of a president, for the commission of bribery, treason, or high crimes and misdemeanors. The Twenty-Fifth Amendment is designed for situations where the president is incapacitated or dangerously unable to function but refuses to step aside. For example, before this provision became part of the Constitution, it is widely believed that Woodrow Wilson suffered a massive stroke and was no longer able to act as president. In essence, his second wife performed as the chief executive, which we tend to forget when we say that no woman has been president.

The Twenty-Fifth Amendment removal process is triggered if the Vice President and a majority of the Cabinet (or another body Congress creates) declare the president unable to discharge the powers and duties of the office. The Vice President becomes Acting President. The president can contest this determination. If the Vice President and a Cabinet majority again determine that the president is unfit, the matter goes to Congress, which can remove the president only with a two-thirds vote in both the House and Senate.

Something to be stressed here: The triggering process requires the Vice President and a majority of the Cabinet and may eventually require agreement of two-thirds of both the House and Senate. This is, indeed, a high bar.

Not surprisingly, Section 4 of the Twenty-Fifth Amendment has never been invoked.

But there is another wrinkle, and that is in the term limits of the Twenty-Second Amendment. It states: No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once.”

It is the second clause of that provision that would be important in the highly unlikely event Trump would be removed. If JD Vance were to serve as president for more than two years of Trump’s unexpired term, he could only be elected to the presidency one time. If, however, he serves less than two years of the unexpired term, he could be elected to the presidency twice. The presidential term starts on January 20. In other words, again in the highly unlikely event Trump was removed before January 20, 2027, Vance would serve as president for more than two years of ‘Trump’s term and could be elected to that office only once. If, however, Trump wasbe removed after January 20, Vance could be elected twice and in theory could be president for ten years.

So. How likely are either of these events going to succeed in “ridding us of this meddlesome” president? Not very. Even if the House impeached, it is fantasy to think that two-thirds of the Senate would convict Trump. With the Twenty-Fifth Amendment, neither JD Vance nor a majority of the Cabinet are going to certify that Trump is so disabled that he can’t perform as President. And two-thirds of both the House and Senate are never going to vote for that. I, for one, hope that Congress would address more substantive issues such as comprehensive reforms of our immigration framework or our healthcare system. Wasting its time on impeachment proceedings that go nowhere is foolish.

That does not mean that I am not concerned about the performance and mental abilities of our president as is indicated by a tee shirt I have worn frequently in the last decade. It reads: “Trump: His Mother Did Not Have Him Tested.” My spouse gave it to me. The culturally literate, of course, will immediately recognize it as a reference to Sheldon Leonard on “The Big Bang Theory.” You can look it up.

Snippets

A Methodist church near my Pennsylvania cottage is having one of its regular spaghetti dinners. I have never gone. I have assumed that in this tiny Poconos town, the meal will consist of overboiled pasta covered in Hunt’s tomato sauce with chopped-up cocktail franks and topped with “parmesan” from a reclosable bag. I don’t imagine that rural Methodists do anything like the Sunday gravy of my Italian friends. I could be wrong; the good ladies of the greater community often come up with some sumptuous spreads after local events that I have attended.

The New York Times anointed The Bee Sting by Paul Murray as one of the best novels of 2023. Perhaps that is why I pulled it from the library shelves despite its heft. I noted the blurb on the back from Gary Shteyngart, who said the book was a “hilarious whirlwind.” Shteyngart, a writer whom I admire, has written stuff that made me laugh out loud. The Bee Sting, on the other hand, is the saga of an Irish family that falls into economic distress from the recession of 2008. It may be a remarkable book, but hilarity is not one of the attributes I would ascribe to it. I read its almost 650 pages with but a slight smile on occasion and certainly without a laugh.

Perhaps I just don’t understand hilarity. After all, The Bear, the FX show that I watch streaming on Hulu, is frequently listed as a comedy. I don’t get that. On occasion I smile during it, but more often I feel tension as I watch. The Bear is marvelous, but it is not a comedy.

A friend referred to a couple who had “been married for forty fucking years.” I thought that they may have been husband and wife for four decades, but I doubted that they were married for forty fucking years.

JD Vance has said that if he had been Vice-President on January 6, 2020, he would not have certified the results of the electoral college. For your discussion group: Under what circumstances should Vice President Kamala Harris refuse to certify election results in January 2024?

An astute observer said: “A conservative is one who wants the rules enforced so no one can take his pile the way he got it.”

We learned this year that Presidents have absolute immunity for some official presidential acts and presumptive immunity for the rest. For your discussion group: If you were Biden, what acts would you be emboldened to take because of the Supreme Court’s immunity decision?