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So help me God
Drafters of the US Constitution foresaw violent demagogues, and Presidential Inaugurations have mostly befitted the momentous transfers of power By John Vivian Cooke. Exactly on the stroke of noon on 20 January, Donald Trump will be out of office. There will be no more lies, frauds, outrages, or broken laws from President Trump. His presidency as a whole, and the violent death throes of its final days, have stretched democratic norms to their breaking point, but the inevitable messy end of his term proved the resilience of the US Constitution. Some of the dangers they sought to guard against were instability, confusion and attempts by factions to mask violence under the Constitution The drafters of the Constitution foresaw exactly such a demagogue. They published extensive commentaries addressing concerns about the effective operation of republican forms of government. Their plan sought to resolve the paradox that without order there can be no freedom; to give sufficient powers to the government to allow it to fulfil its essential functions without diminishing the liberties of citizens. Some of the dangers they sought to guard against were: ¨(T)he instability, injustice, and confusion introduced into the public councils, (which) have, in truth, been the mortal diseases under which popular governments have everywhere perished”. (James Madison, Federalist Number 10) They foresaw the danger posed by organised and violent malcontents, whom they knew as ¨factions¨, who would seek to subvert the operation of government. ¨By a faction, I understand a number of citizens, whether amounting to a majority or a minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adversed (sic) to the rights of other citizens, or to the permanent and aggregate interests of the community”. (James Madison, Federalist Number 10) Benefitting from thorough classical educations, they readily drew on analogies from antiquity. ¨It is impossible to read the history of the petty republics of Greece and Italy without feeling sensations of horror and disgust at the distractions with which they were continually agitated, and at the rapid succession of revolutions by which they were kept in a state of perpetual vibration between the extremes of tyranny and anarchy”. (Alexander Hamilton, Federalist Number 9) Supporters of Publius Clodius Pulcher, Trump in a toga, sacked the Senate in 52 BC If they had witnessed Trump’s mob desecrating the Capitol Building, they would have recalled the career of the ancient Roman politician, Publius Clodius Pulcher, whose enraged supports attacked and destroyed the Senate building (Curia Hosta) in 52 BC. Indeed, the parallels between Clodius and Trump are more than incidental. Clodius was a demagogue with a record of numerous public sex scandals; a wealthy aristocratic who surrender his status as a Patrician to further his anti-elites appeal to the poor; whose term as a Plebeian Tribune in 59 BC was marred by violence, intimidation, and the abuse of power in the vindictive settling of old scores. In short: Donald Trump in a toga. Informed by historical precedent and wary of the risks of disorder, the Constitution was designed with such specific hazards in mind. ¨If a faction consists of less than a majority, relief is supplied by the republican principle, which enables the majority to defeat its sinister views by regular vote. It may clog the administration, it may convulse the society; but it will be unable to execute and mask its violence under the forms of the Constitution”. (James Madison, Federalist Number 10) Donald Trump has repeatedly attempted to frustrate this safeguard. His attempts to overturn the election results escalated into an act of domestic terrorism that was an attack on the personal, physical, and institutional manifestations of American democracy. That those efforts failed when Congress completed the constitutional processes of certifying the election results vindicates James Madison`s opinion that: ¨AMONG (sic) the numerous advantages promised by a well-constructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of faction. The friend of popular governments never finds himself so much alarmed for their character and fate, as when he contemplates their propensity to this dangerous vice. He will not fail, therefore, to set a due value on any plan which, without violating the principles to which he is attached, provides a proper cure for it”. (James Madison, Federalist Number 10) The inauguration ceremony for President-elect Joe Biden and Vice-President-elect Kamala Harris will be a celebration of this transfer of power in accordance with the democratically expressed will of a sovereign people. This ceremony has occurred with metronymic regularity since 1797, and each scheduled change of president (with the exception of Rutherford B Hayes` inauguration of 1877) has been celebrated in public. Quadrennial public inaugurations of the president also serve the practical political function of legitimising the handover of power from one party to another and are the reason the bipartisan Congressional Joint Committee on Inaugural Ceremonies has chosen ¨Our Determined Democracy: Forging a More Perfect Union” and ¨America United¨ as this year`s themes. The Presidential Inauguration Committee, which is responsible for organising broader celebrations, has been forced to abandon many longstanding traditions to comply with public health restrictions so, although the Pass in Review by members representing every branch of the armed services will still take place, this year there will be no Capitol luncheon, no inaugural parade and the series of inaugural balls have moved online. What remains is the formal inaugural ceremony during which the incoming Vice President and then incoming President will swear their oaths of office, followed by the new President’s inaugural address. While all the pomp and ceremony are familiar, only the administration of the oath of office is constitutionally mandated. Article II, Section 1, Clause 8 states: ¨Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: – I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States”. Franklin Pierce is the only president to have affirmed rather than sworn the oath of office. Many witnesses to Herbert Hoover`s inauguration thought