Is Trump’s Presidency Legitimate?

Representative John Lewis, a man who was nearly killed fighting for civil rights, has claimed that Trump is not a legitimate president. While some dismiss this as mere sour grapes, it is certainly an interesting claim and one worth given some consideration.

The easy and obvious legal answer is that Trump’s presidency is legitimate: despite taking a trouncing in the popular vote, Trump won the electoral college. As such, he is the legitimate president by the rules of the system. It does not matter that Trump him denounced the electoral college as “a disaster for democracy”, what matters is the rules of the game. Since the voters have given tacit acceptance of the system by participating and not changing it, the system is legitimate and thus Trump is the legitimate president from this legal standpoint. From a purely practical standpoint, this can be regarded as the only standpoint that matters. However, there are other notions of legitimacy that are distinct from the legal acquisition of power.

In a democratic system of government, one standard of legitimacy is that the majority of the citizens vote for the leader. This can, of course, be amended to a majority vote by the citizens who bother to vote—assuming that voters are not unjustly disenfranchised and that there is not significant voter fraud or election tampering. On this ground, Hillary Clinton is the legitimate president since she received the majority of the votes. This can be countered by arguing that the majority of the citizens, as noted above, accepted the existing electoral system and hence are committed to the results. This does create an interesting debate about whether having the consent of the majority justifies the acceptance of an electoral system that can elect a president who does not win a majority of the votes. As would be suspected, people tend to think this system is just fine when their candidate wins and complain when their candidate loses. But, this is not a principled view of the matter.

Another standard of legitimacy is that the election process is free of fraud and tampering. To the degree the integrity of the electoral system is in question, the legitimacy of the elected president is in doubt. Since the 1990s the Republican party has consistently claimed that voter fraud occurs and is such a threat that it must be countered by such measures as imposing voter ID requirements. With each election, the narrative grows.  What is most striking is that although Trump won the electoral college, he and his team have argued that the integrity of the election was significantly compromised. Famously, Trump tweeted that millions had voted illegally. While the mainstream media could find no evidence of this, Trump’s team has claimed that they have evidence to support Trump’s accusation.

While it seems sensible to dismiss Trump’s claims as the deranged rantings of a delicate man whose fragile ego was wounded by Hillary crushing him in the popular vote, the fact that he is now president would seem to require that his claims be taken seriously. Otherwise, it must be inferred that he is a pathological liar with no credibility who has slandered those running the election and American voters and is thus unworthy of the respect of the American people. Alternatively, his claim must be taken seriously: millions of people voted illegally in the presidential election. This entails that the election’s integrity was grossly violated and hence illegitimate. Thus, by Trump’s own claims about the election, he is not the legitimate president and the election would need to be redone with proper safeguards to keep those millions from voting illegally. So, Trump would seem to be in a dilemma: either he is lying about the election and thus unfit or he is telling the truth and is not a legitimately elected president. Either way undermines him.

It could be countered that while the Republicans allege voter fraud and that Trump claimed millions voted illegally, the election was legitimate because the fraud and illegal voting was all for Hillary and she lost. That is, the electoral system’s integrity has been violated but it did not matter because Trump won. On the one hand, this does have some appeal. To use an analogy, think of a Tour de France in which the officials allow bikers to get away with doping, but the winner is drug free. In that case, the race would be a mess, but the winner would still be legitimate—all the cheating was done by others and they won despite the cheating. On the other hand, there is the obvious concern that if such widespread fraud and illegal voting occurred, then it might well have resulted in Trump’s electoral college victory. Going back to the Tour de France analogy, if the winner claimed that the competition was doping but they were clean and still won, despite the testing system being broken, then there would be some serious doubts about their claim. After all, if the system is broken and they were competing against cheaters, then it is worth considering that their victory was the result of cheating. But, perhaps Trump has proof that all (or most) of the fraud and illegal voting was for Hillary. In this case, he should certainly have evidence showing how all this occurred and evidence sufficient to convict individual voters. As such, arrests and significant alterations to the election system should occur soon. Unless, of course, Trump and the Republicans are simply lying about voter fraud and millions of illegals voting. In which case, they need to stop using the specter of voter fraud to justify their attempts to restrict access to voting. They cannot have it both ways: either voter fraud is real and Trump is illegitimate because the system lacks integrity or the claim of significant voting fraud is a lie.

 

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