I just belatedly read this piece by TPM alum and all around reasonably good fellow Brian Beutler wrote on the question of resistance to the Trump administration. Voting, organizing, protesting — those are all pretty straightforward. But what about when those aren’t enough? He starts from that saying we hear a lot now: No one’s going to save us. We’re going to have to save ourselves. Well, what does that mean exactly, Brian asks. How do people protect themselves from manifestly illegal, tyrannical government actions or the violent paramilitaries they are working to cultivate? When does opposition and resistance need to move into extra-constitutional or extra-legal actions? These are harrowing, frightening and perhaps quite literally perilous questions to ask.

Brian starts by discussing whether DC should loosen its fairly tight gun laws. He’s quite conflicted about it. He also discusses the possibility and difficulties tied to blue states withholding taxes from the federal government. Very much by design, the federal government collects taxes directly from individuals. But he suggests some creative ways to square that circle that are floating around. Read Brian’s piece if you can.

This is far from a novel thought. But it’s a timely one. We’re used to people who seem to think the 2nd Amendment is the whole Constitution. Others put the overriding focus on the 1st Amendment. But the one that deserves that focus is the 14th Amendment, the amendment which along with the groundbreaking but more straightforward 13th and 15th Amendments remakes the entire constitutional order. I remember in the late 1980s, I believe it was timed to the bicentennial of the federal constitution, then-Justice Thurgood Marshall gave a speech in which he argued that the original, pre-Civil War Constitution was a defective and even shameful instrument. It had, he argued, no claim on our respect or veneration. It’s only with the new founding in the post-Civil War settlement that we have a founding document that has a claim on our allegiance.

I had an interesting exchange with a TPM reader this week about President Trump’s takeover of the DC Metro Police Department and his conjoined decision to deploy National Guard troops to the nation’s capital. This reader’s argument was that it was a mistake to make a big deal of the DC decision, casting it as a dramatic and consequential abuse of power, because in fact Trump was acting within the statute that gives DC home rule. He said that what happened in Los Angeles this summer was different precisely because Trump had no legal right to do any of it. The reality — and this is true — is that DC is different. It’s not a state and it is in fact the domain of the federal government. Congress runs it. Congress decided to delegate that authority half a century ago to a local self-government. But the president can do these things. It’s right there in the Home Rule law. His justifications may be specious. But his actions in this case are likely unreviewable.

It was an interesting point and we went back and forth over it a few times. The opposition should save its mobilization and outrage, the reader argued, for when Trump crosses a line as he did in LA. DC is different.

A reminder: The Josh Marshall Podcast featuring Kate Riga is back next Wednesday, August 20th, and back to our normal weekly schedule going forward.