Prof. Corey Robin, author of The Reactionary Mind, doesn’t see our former president as a political strongman, the harbinger of an American brand of fascism. He sees the Republican Party using the Constitution to hold the line against the majority’s desire for progress, and therefore truly conservative. From The New Yorker:
. . . Fascism called the young to the cause of novelty and creation. Today’s right is nothing like that. It is an artifact of the world’s most ancient and extant legal order, holding on to the Constitution, and the institutions it authorizes, for dear life. . . .
. . . Seeking to counter their waning position, the Republican Party and the conservative movement have come to depend upon three pillars of counter-majoritarian rule: the Senate, the Electoral College, and the Supreme Court. These institutions are not authoritarian or fascist—indeed, they are eminently constitutional—but they are antidemocratic. They are also mainstays of the right. In a remarkable statement, now forgotten, issued three days before January 6th, seven conservative members of the House warned their colleagues that [Republican] presidential candidates have
depended on the electoral college for nearly all presidential victories in the last generation. If we perpetuate the notion that Congress may disregard certified electoral votes—based solely on its own assessment that one or more states mishandled the presidential election—we will be delegitimizing the very system that led [our party] to victory in 2016, and that could provide the only path to victory in 2024.
The current moment is less reminiscent of the last days of Weimar than of Britain in the years before the Reform Act of 1832. With a scheme of representation dating back to the twelfth century, Parliament was the playground of grandees from rural and sparsely populated regions of the South. Growing cities in the Midlands and the North had no representation at all.
Standing atop this “aristocracy of mere locality,” in the words of the historian and Whig politician Thomas Macaulay, were the Tories. For six decades, virtually without interruption, they leveraged this Senate-like system of rotten boroughs to keep the Whigs out of power, enabling an increasingly isolated group of aristocrats and gentry to maintain their privileges. While “the natural growth of society went on” among the middle classes and in the cities, Macaulay said, “the artificial polity continued unchanged.”
Other features of this system will sound familiar. Polling places were few and far between; one of the leading items on the reform agenda was to increase their number. Electoral laws were so byzantine, and generated results so murky, that an army of well-paid lawyers was on the payroll for years, sorting out the returns and arguing over their validity. The “artificial polity” kept politics frozen in time, discouraging both parties from taking up vital economic questions of the day, and preventing new social forces and the partisan realignment that was eventually to come . . .