Constitutional Hardball Term Analysis

But the opposite can also occur. The erosion of mutual toleration may motivate politicians to deploy their institutional powers as broadly as they can get away with. When parties view one another as mortal enemies, the stakes of political competition heighten dramatically. Losing ceases to be a routine and accepted part of the political process and instead becomes a full-blown catastrophe. When the perceived cost of losing is sufficiently high, politicians will be tempted to abandon forbearance. Acts of constitutional hardball may then in turn further undermine mutual toleration, reinforcing beliefs that our rivals pose a dangerous threat.

A second, much darker future is one in which President Trump and the Republicans continue to win with a white nationalist appeal. Under this scenario, a pro-Trump GOP would retain the presidency, both houses of Congress, and the vast majority of statehouses, and it would eventually gain a solid majority in the Supreme Court. It would then use the techniques of constitutional hardball to manufacture durable white electoral majorities. This could be done through a combination of large-scale deportation, immigration restrictions, the purging of voter rolls, and the adoption of strict voter ID laws. Measures to reengineer the electorate would likely be accompanied by elimination of the filibuster and other rules that protect Senate minorities, so that Republicans could impose their agenda even with narrow majorities. These measures may appear extreme, but every one of them has been at least contemplated by the Trump administration.