Trump’s Innaugration Marks The Return of Robber Barons In U.S. Politics | Vijay Kumar

When JFK (As John. F. Kennedy, 36 th President was called) gave his inaugural dinner in White House after winning 1960 election, dubbed as mother of all elections between him and sitting Veep, Richard Nixon (Who subsequently became 37th president in 1968 and repeated his victory in 1972, but had to resign in 75 after Watergate scandal), he had invited all US- based Nobel laureates in the field of medicine, chemistry, physics, literature, economics and peace. Contrast this with list of invitees in Trump’s second Inauguration on 20th January, crowded by Tech honchos, vulgarly rich people leading sybaritic lifestyle, authoritarian leaders like Xi Jinping of China, Viktor Orban of Hungry and Netanyahu of Israel. Similarly, the invite extended to Bolsonaro of Brazil, who is being prosecuted for his abuse of power and attack on democracy by refusing to accept his defeat in last election --- a la Trump refusal to accept the result of 2020 election---- is expected, nay natural, given their affinities and distrust of healthy democracy norms. The adage: birds of same feathers flock together, automatically comes to the mind.

US, since its inception, have been most hospitable place for no-hold-barred capitalism. The 19th century US politics is notorious for gilded age captured by Robber Barons. Three events in first three decades of twentieth century occurred which somehow resulted in tempering of unchecked capitalism. First, the epochal Bolshevik Revolution in Russia in 1917, resulting in formation of first communist government in the world, posed a great threat to capitalism; second, economic crisis of 1929 and third, the victory of F.D.R. ( as Franklin Delano Roosevelt, 32nd president of US is known). Even his elder cousin Theodore Roosevelt (winner of Nobel prize for peace), who became 26th president in early 20th century tried to control capitalism through host of regulatory measures, such as regulating the working hours for workers in industry, which was shot down by the US Supreme Court in Lochner Case in 1906 on the ground of violation of freedom of contract. In Lochner Case, however, the legendary justice, Oliver Holmes, wrote powerful dissent and argued for ‘play in the joint’ in economic policy formulated by the government.

To meet the threat of economic crisis of 1929, F.D.R. appointed John Maynard Keynes, one of the greatest economists of England, as his economic advisor. On the advice of Keynes, F.D.R. formulated new economic policy known as ‘New Deal’. Initially, the New Deal policy did not cut ice with majority of Justices of US Supreme Court. The Supreme Court, as a bastion of US Capitalism, invalidated many progressive legislations. F.D.R. responded with the threat of ‘Court-Packing’, implying thereby to increase the strength the bench of Supreme Court by appointing progressive judges. The threat of Court-Packing by F.D.R. had it’s desired effect in tempering the enthusiasm of the Supreme Court for capitalism and right to freedom of contract. Eventually, the Holmes’s dissent became majority and that had civilising effect on the capitalism and sowed the seed of ‘Welfare State’. Now, the Holmesian precept of ‘play in the joint’ in economic arena and strict scrutiny in infringement of civil right has been adopted by almost all the Constitutional Court governed by Common Law, including by the Indian Supreme Court.

The welfare state got further boost with the establishment of the UN after the end of Second World War. All developed countries of Europe got transformed from the imperial state into welfare state guaranteeing host of social security’s to their citizens.

This salutary development lasted for almost 40 years. But first dent in welfare model was made, when Margaret Thatcher and Ronald Reagan became the Prime Minister of England and the President of US respectively, which led to emergence of globalisation. In decade of 1990’s, globalisation pervaded in all parts of the world. But globalisation, by establishing WTO, at least, introduced rule- based trading practice. But victory of Trump in 2016 elections completely demolished the erstwhile model of Welfare State and rule- based International order.

Grave Implications For Constitutional Democracy:

The US is regarded as mother of constitutional democracy. Constitutional democracy desiderates the guarantee of some aspect of equality – not only confined to political equality through adult suffrage – but also by guaranteeing, at least, rudimentary form of social and economic equality to the extent that basic needs of citizens, including right to education and basic healthcare are secured. The entrenchment of capture of American politics by big corporate bros, concerned only with the goal of increasing their profits, distorts the social and economic equality and thereby poses a threat to democracy----- a threat pointed out by the outgoing President Joe Biden in his farewell address to the nation by warning that ‘dangerous concentration of power in the hand of few rich ultra-wealthy people will result in emergence of oligarch’. Regardless of how his regime is assessed otherwise, this warning bears the stamp of statesmanship, ---- a President who is concerned about the future of American democracy rather than looking for the outcome of next election. The question is who will govern America: its people or few plutocrats.

Be that as it may, the inauguration of second term of Trump’s presidency will make the giant techno corporations becoming more giant with inevitable rise in inequality, and that will result in collapse of moral and ethical foundation of democratic and equitable politics. The menacing rise of inequality will result – indeed has already resulted--- in rule of law and rule- based international order being ambushed by the old and immoral practice of ‘might is right’.

(Author: Vijay Kumar, Senior Advocate, Supreme Court, and the author of book, The Theory of Basic Structure: Saviour of the Constitution and Democracy.)