Friday, September 18, 2020

Restoration of Law & Order: The War-Cry which may help Trump defeat Joe Biden in November 2020

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Vanshita Banuana

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Restoration of Law & Order: The War-Cry which may help Trump defeat Joe Biden in November 2020

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Global Views 360

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September 18, 2020

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Donald Trump at a presidential elections rally

Donald Trump at a presidential elections rally | Source: Gage Skidmore via Flickr

At the peak of the “Black Lives Matter” protest in June 2020, against the brutal killing of George Floyd by the police, the US President Donald Trump signed an Executive Order on Safe Policing for Safe Communities. It is now September, and as Black Lives Matter protests— and the police brutality that ignited them— continue amidst a pandemic leaving over two hundred thousand Americans dead and millions infected, Trump’s fear-mongering distortions of events also continues.

The executive order sets requirements for police “certification and credentialing” of law enforcement agencies, and links the credentials to discretionary funding. It bans chokeholds except where deadly force is allowed by law. A database will be created to share information and track incidents of excessive use of force, terminations or de-certifications of officers, criminal convictions for on-duty conduct, and so on. Additionally, the order asks for surveys and community support programs to address mental health, homelessness and addiction in context of law enforcement’s response to them. Lastly, the order proposes that new legislation be developed to increase funding and resources provided to law enforcement.

While announcing the executive order, Trump called for a “restoration of law and order” and more funding for police at a time when Americans are protesting in cities across the country to reduce police funding and presence in order to combat police brutality. He claimed to want to put a stop to “looting and arson,” further remarking that Americans want law and order even if they “may not say it” or may not “even know that’s what they want”. Additionally, he believed the percentage of bad police officers to be very tiny.

The American Civil Liberties Union (ACLU) responded to the announcement, and called Trump’s call for “law and order” a racist dog-whistle specifically intended for his voter base in light of the upcoming election, and reiterated the need for lesser police presence. Allocation of discretionary funds, mentioned in the executive order, has been known to lead to increased militarisation of the police. They observed that Trump used the word “race” once and never used the word “racism,” and that he was surrounded by law enforcement officers throughout the announcement and his prepared remarks.

Use of fear-mongering to shore up the support for electoral benefit is not something new which Trump is employing, but a time-tested tool for many leaders in the Republican Party. The phrase “law and order” has a long cultural history in America, even before its use by politicians was popularised, and therefore racialised (if it wasn’t already).  

President Richard Nixon’s TV ads in the 60s showed middle-aged white women walking nervously down city streets at night. Trump’s false claims of Biden wanting to defund the police are complemented by his recent campaign ad that shows an elderly woman at home alone, who calls the police when a burglar breaks in. However, she is told that the police can no longer serve her due to being defunded. Setting aside the misconceptions about what defunding the police would look like, the ad is clearly designed to create panic at the thought of a fantasised future, one that Trump and his family like to call “Biden’s America” every time they post pictures of present-day Trump’s apocalyptic America.

It is definitely not unlike Trump to use racist rhetoric about crime meant to cause fear. It was one of his biggest selling points in the 2016 election as well, promising a border wall and anti-immigration policy to keep out immigrants— mostly Mexicans— who he claimed would bring crime and drugs into America. This year Trump has revived the argument by acting as the saviour of the suburbs, who he claims are under the attack of calls for desegregation. To that extent, at the 2020 Republic National Convention, Trump invited the McCloskeys, the couple who brandished firearms at Black Lives Matters protestors, to speak about “forced rezoning,” which they alleged would make their suburban neighbourhood unsafe. Nixon’s comments about the “city jungle” threatening the suburbs come to mind.

President Trump’s election campaign flag with Confederate flag | Source: Gilbert Mercier via Flickr

Many would notice that the racism in Trump’s statements is often barely covered up by his abstract and vague choice of words. The message, whether in 2016 or 2020, remains unmistakably the same: he is telling rich and middle class white people— painted as the peaceful victims— that he will protect them from violence caused by the ‘other,’ i.e., poor people of colour.

This fear of the ‘other,’ the angry Black American, is the same fear used by Republican Presidential candidate (and later President) Richard Nixon in 1968. The law-and-order rhetoric that evolved during that election period can be connected to 21st century ‘tough-on-crime’ policies, both of which have heavy racial undertones and are weaponized by Republicans as well as Democrats.

Is Donald Trump the new age Richard Nixon? That might seem to be overstretched, but quite a few traits and  similarities can be drawn between 2020 and 1968, perhaps most of all due to the widespread protests and clashes with police that erupted after the assassination of civil rights champion Martin Luther King Jr. Another major political and cultural event of the time was the Vietnam War, which led to a feeling of disorder that many Americans might be feeling at present as well. Trump is using promises of imposing “law and order” to project a strongman image; the desire to project such an image, however, hypocritically leads Trump to encourage violence where it benefits him.

However, these strategies aren’t as successful as Trump wants them to be— least of all successful enough to cover up his gross mishandling of the COVID-19 pandemic. Additionally, the suburbs have not remained as ‘pure’ as they might seem in Trump’s eyes; they have grown in diversity of wealth and race, almost parallel to cities. Trump is out of his depth when forced to reckon with mass unemployment, preventable deaths, and science, and he would do anything to bring the focus back to his comfort zone, which is why it is unsurprising when he uses Black Lives Matter protests and renewed conversation around policing to spread unfounded alarms about increased crime and violence.

According to recent polling data, while neither Trump nor Biden are viewed favourably by any significant margin when it comes to law enforcement, Biden is surely being viewed as more trustworthy when it comes to handling a crisis like the pandemic. Trump’s constant barrage of tweets and other announcements are less appreciated or supported when they cause further confusion in an already extremely chaotic environment. It is hard to imagine trusting a President who tweets “when the looting starts, the shooting starts” to remain calm, organised or level-headed in any manner.  

While many may have expected Trump’s voter base to fall for the same old, recycled talking points, the public health crisis and economic meltdown took the conversation away from it. Now President Trump is desperately trying to take control of the narrative and scare voters to back him in November 2020.

There is some method to his apparent madness. The US President is not elected by securing  the majority of the popular vote, they are chosen by securing a majority of votes in the electoral college. There are different modelling of US poll results which predicts that Trump may lose by over five million popular votes but still win the Presidency due to scoring a majority of electoral college votes.

The constant hammering of being the “Law and Order” President and painting Joe Biden’s support for Black Lives Matter protest as the “support for lawlessness” is the only plausible way for Trump to gain a majority of the electoral college vote and retain the US Presidency in November 2020. It is to be seen whether the voters fear the COVID-19 & economic meltdown more than the Law and Order.

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March 4, 2021 4:43 PM

Does giving the Lieutenant Governor more authoritative power have an impact on India's Federal structure?

On 3rd of February 2021, the NCT bill cleared by cabinet along with 20 other bills proposed to be introduced in the parliamentary session. The amendment was passed on 9th of February in the Rajya Sabha.

“The Bill proposed to amend the Government of National Capital Territory of Delhi Act, 1991, in the context of judgment dated 14.02.2019 of Hon’ble Supreme Court (Division bench) in Civil Appeal No 2357 of 2017 and other connected matters.”

The article explains the timeline and the practical implications of the NCT Amendment Act 2021 on the federal structure.

The Centre's amendments to the NCT of Delhi Act, gives more powers to the Lieutenant Governor and Delhi’s Kejriwal government were totally against the amendment as due to their bitter experience with the previous and current LG.

The Arvind Kejriwal government described the NCT Bill, as a murder of constitutional democracy and accused BJP of secretively drafting the amendments so as to govern Delhi in an unconstitutional manner using the LG's office.

The new amendment is expected to now clearly define the powers and functions of the Lieutenant Governor and the Delhi Government based on the 2019 judgement. The amendments add a category of bills, which fall outside the ambit of Delhi legislative assembly and which the Lieutenant Governor must reserve for consideration of the President. This category is supposedly added for the sake of “better governance” and to reduce potential conflicts. The amendments also specify that the elected government needs to send legislative proposals to Lieutenant-Governor (LG) at least 14 days in advance to seek his opinion and avoid any delays.

The tussle between the Delhi government and the Centre reached the Supreme Court 2017. The honourable Supreme court defined the role of the LG in Delhi and ruled that the LG cannot interfere in every decision of the Delhi Government. The tussle between the Union and Delhi government has that Article 239 AA of the Constitution at its core. The Article 239 AA gives Delhi the special recognition of a Union Territory with a Legislative Assembly that has a lieutenant governor as its administrative head.

In July 2018, a five-judge Constitution bench of the Supreme Court led by Chief Justice Dipak Misra stated that the lieutenant governor’s powers in the National Capital were only limited to land, police and public order.

“The lieutenant governor must work harmoniously with the elected government. The LG is the administrative head but can’t act as an obstructionist”, the bench stated. The supreme court also stressed upon the fact that the power and status of the LG was different from the state governors. They mentioned that the Lieutenant Governor must not be an obstructionist and must work harmoniously with the Delhi government. “There is no room for absolutism and no room for anarchy,” the bench stated. The verdict is not complete yet as the issue of services divided the bench that delivered the order and the matter is now addressed by a three-judge bench on the Supreme Court which has not concluded the hearing yet.

So far, the AAP has argued that former LG Najeeb Jung and the current LG Anil Baijal are undermining the federal structure of the Republic of India by objecting the decisions made by the Delhi government and overruling their authority in bureaucratic matters.

Former LG of Delhi with Prime Minister Modi | Source: Wikimedia

In July 2013, Najeeb Jung took charge as the LG of Delhi and Arvind Kejriwal swore in as the Chief Minister (CM) of Delhi in December 2013. After 49 days of governance, Arvind Kejriwal stepped down as his minority government was unable to pass the anti-corruption legislation due to lack of support provided by other political parties. In February 2015, the Aam Aadmi Party came back to power by a staggering majority of 67 out of 70 seats. However, the party faced a higher veto obstruction while making several decisions. In May 2015, LG Jung annulled all the bureaucratic postings by Delhi government and stated that power to appoint and transfer rests with him.

In June 2015, five officers of Bihar Police joined Delhi Government’s Anti-Corruption Branch (ACB). Jung rejected their employment at the ACB claiming that he was the person in charge even before the new amendment. In the same month, the Delhi government replaced the Home Secretary Dharam Pal and Jung obstructed the decision by vetoing the order. When the AAP government decided to hike circle rates in Delhi for agricultural land, the former LG Jung objected to the decision although the State government has the complete authority to take such decisions. In another instance in 2016, Jung set up a panel to probe over 400 files related to decisions taken by Delhi government. The CM of Delhi deemed it to be illegal.

Kejriwal and the AAP government blamed the former LG and Prime Minister Narendra Modi for the CBI raids of his office, FIRs filed by ACB against Arvind Kejriwal and former Delhi CM Late Sheila Dikshit in water tanker scam, restriction of control on appointing state bureaucrats and general obstruction of decisions.

Anil Baijal, the now LG of Delhi with Defence Minister Rajnath Singh | Source: Wikimedia

On 31st December 2016, Anil Baijal swore in as the Lieutenant Governor of Delhi. While the tussle between AAP and the LG continued, the alleged assault of Chief Secretary Anshu Prakash by AAP leaders at CM Arvind Kejriwal’s residence in February 2018 gave a new momentum to the tug of war.

Following the incident, the IAS association reportedly skipped routine meetings with ministers as a mark of protest but claimed that they have not suspended work. Before that, on December 2017, the turf war between Kejriwal and Baijal reached Parliament, with a Rajya Sabha member claiming that the CM was being treated like a “peon”.

In 2018, the AAP government demanded LG’s approval for the proposal for doorstep delivery of rations and also demanded grant of complete statehood for Delhi and installation of CCTVs. Baijal did not approve both the demands directly and further complicated the process. Kejriwal stated that the LG rejected the demands over “petty-politics”.

In June 2018, Delhi CM Arvind Kejriwal sat in a nine-day long hunger strike at the Lieutenant Governor’s office against the “strike” by IAS officers and Kejriwal wrote to Prime Minister Narendra Modi, requesting him, “with folded hands”, to intervene and end the agitation of the IAS officers.

The Aam Aadmi Party argues that the BJP is hell bent on ruining efficient governance of Delhi through the LG. Critics believe that the tussle has failed the federal system of our Democracy.

Chief Justice Dipak Misra, Justice Sikri and Justice Khanwilkar, in their written opinion devoted a significant portion to explain the understanding of federalism, and its fusion with democracy to achieve an “egalitarian social order”. According to our Constitutional scheme neither the States isolated islands, with their distinct vision, nor the Union government can make decisions that are meant to affect the interests of the States. The Chief Justice highlighted that there should be a sincere effort to avoid conflict and not encroach on each other spheres in a collaborative framework of federalism. To exercise authority, “there should be perception of mature statesmanship so that the constitutionally bestowed responsibilities are shared by them.” To attain the ideal balance in a federal structure, the Chief Justice suggested the Union and the States to have “mutual respect and deference to actualise the workability of a constitutional provision.”

Collaborative federalism involves healthy negotiation and coordination between the Union and State governments to ensure that the governance works within the circumference of the Constitution and in harmony.

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