WASHINGTON, DC - DECEMBER 06: People walk along the Reflecting Pool on the National Mall, near the U.S. Capitol and Washington Monument, as the sun sets on December 6, 2020 in Washington, DC. Outdoor holiday markets ... WASHINGTON, DC - DECEMBER 06: People walk along the Reflecting Pool on the National Mall, near the U.S. Capitol and Washington Monument, as the sun sets on December 6, 2020 in Washington, DC. Outdoor holiday markets are taking safety precautions against the COVID-19 pandemic, including taking temperatures upon entering, social distancing, and offering hand sanitizing. (Photo by Al Drago/Getty Images) MORE LESS

President Trump’s decision today to federalize the DC police and deploy National Guard troops to the city is a good reminder of the importance of what we discussed Friday: the necessity for the political opposition to narrate Trump’s abuses of power and the contents of the U.S. Constitution, to be crystal clear on what will be reversed when Democrats are back in control of the government and how they’ll provide civil and criminal accountability for those who have broken the law. It makes it even more relevant to review and remember the critical importance of the consent of the governed.

It’s part of American civic culture to marvel at the process of the peaceful transfer of power. We hold an election under a specific set of rules. The winners of those elections inherit a vast array of powers. The president gains control of the military and a vast federal bureaucracy. The president has a huge array of prerogative powers. What he or she says goes, in specific realms. Legislators make new laws. Judges make rulings on imprisonment, people’s redress of harms, etc. etc. The marvel is that a whole population of more than 340 million people freely accede to this power. We have ordinary criminal conduct which is policed and punished. But focus in on the fact of that free compliance. The vast majority of us never come into real contact with the coercive power of the state. And yet virtually everyone, even the most diehard opponents of this administration, recognize that this president has a whole bundle of legitimate powers and we will comply with them.

Why is this?

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