New Reconstruction

Toward a new Reconstruction to rebuild the American polity

Where do we go from here? There is so much to repair and build to return us to where we thought we were. This is an outline for democratic renewal.

Tim Truxell
· 10 min read
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Lithograph celebrating the 15th Amendment.

The first Reconstruction happened after the Civil War as we all were taught. It fell apart in the face of racism and institutional recalcitrance. The civil rights movement of the mid twentieth century has been called the second reconstruction. Now, the norms and gains from that are under assault and falling quickly.

It is clear that America needs a new Reconstruction. This time, however, no half measures should be contemplated. We must be all in. Fascism, oligarchy, racism, and authoritarianism must be confronted head on and dug up by the roots. And we must salt the ground behind that.

MAGA delende est.

In the last decade, America's unseen institutional weaknesses allowed authoritarian takeovers of all governmental branches. The 2024 election was both a failure of the United States as a country and as a nation, with democratic institutions unable to prevent an autocratic leader from coming to power and begin moving inexorably toward fascism, all abetted by other branches of government and those institutional bulwarks we had counted on.

That said, as Nicholas Kristof has noted, "nations like America with strong institutions are hardy" and the "typical authoritarian model isn't the police state conjured by Hitlerian nightmares" but rather "competitive authoritarianism" where "elections still matter even if the playing field is tilted". Even this looks a rosy view these days with ICE and the National Guard in city streets.

While his assessment is optimistic, it gets at the institutional memory that may still exist. This could serve our purposes moving forward at least as a start.

Today, we require not only rebuilt versions of what existed, but also better structures and new solutions. Our new Reconstruction must address systemic vulnerabilities while strengthening democratic resilience for the future.

This list is by no means comprehensive, but I intend it as a staring point. For organizational purposes, I've grouped these ideas into the four categories: Executive, Legistlative, Judicial, Societal. Of course, action across all of these areas will be required to make this a reality.

I. Constitutional

The constinturion was designed to be pliable and flexible to meet new conditions. That's what amendments are for.

Currently, the constitution has 27 amendments. That's roughly about an amendment per decade (or generation if you leave the Bill of Rights out of it). The last amendment, however, was ratified in 1992, over 30 years ago. The constiution is due a bit of a refresh.

We should look to use this method to codify things in a more nationwide manner than using the Supreme Court as the ultimate arbiter for all (more on that lot later).

Normalize amending the constitution again. [Update: The Atlantic has an article about amendments and how thew misguided concept of originalism has stunted thenatural evolution of the constitution.] We need to amend it—and often.

The following potential amendments, obviously, are just a start.

  • Enshrine a new right to privacy and bodily autonomy.
  • End Gerrymandering by mandating that redistricting happen only once per decade and that it follow statistical, not political, methods
  • Revise the Second Amendment to clarify what "well regulated" and "militia" mean in our current society. (Ed. Note: something like, "The right of the people to keep and bear regulated and properly licensed Arms, shall not be infringed.")
  • An amendment to strengthen press freedoms and protection granted by the first First Amendment (new or revised)
  • An amendment to protect academic and scientific freedom free from political interference
  • Removing or reforming the electoral college to more accurately represent the will of all Americans

Some of the following ideas may also require amendments if systemic reform and legislation are not enough to make them happen.

II. Executive

A. Limiting Presidential Powers

  • Insurrection Act reform with Congressional approval requirements
  • Limit emergency powers with automatic sunset clauses
  • Restrict pardon power to prevent abuse
  • Independent inspector generals with tenure protection

B. Protecting the civil service

  • Insulate career civil servants from political hiring and firing whims
  • Strengthen merit-based hiring and political activity restrictions
  • Expand civil service protections to prevent political purges
  • Independent oversight of personnel decisions
  • Whistleblower protection enhancement
  • Federal worker protection from political retaliation and mass firings

C. Rebuilding federal agencies

  • Science Agencies: rebuild the CDC, restore the NIH grant system (and grants), rebuild the EPA's scientific capacity and give it teeth
  • Scientific Workforce Recovery: create career rehabilitation programs, reform the foreign scientist visa process (not for $100k a pop), reconbstruct research labs, listen to scientists
  • The Cabinet: create a coordinator position to oversee systematic rebuilding
  • Whistle-Blowers: provide anti-retaliation protections for scientists and federal workers in all departments

D. Reforming law enforcement

  • Eliminate ICE and enact comprehensive immigration reform
  • Restructure the Border Patrol with a humanitarian focus
  • Provide federal oversight of all law enforcement agencies
  • Re-establish the structural independence the Department of Justice from White House interference
  • Shift law enforcement funding to mental health resources
  • De-militarize local police forces by removing war equipment from their arsenals, and ensure no more Cop Cities

E. National Security

  • Re-iterate support for and commitment to NATO
  • Fund Ukraine to fight fascist Russia
  • Recognize the Palestinian state
  • Cease all arms shipments to Israel
  • Isolate Israel until they rejoin the community of reasonable nations
  • End all idiotic tariffs and reconcile with Canda nd Mexico, whatever it takes
  • Strengthen Pacific alliances
  • Try to influence India on retuning to a full democracy beyond Modi while working to smooth tensions in South Asia
  • Cease fascination with Venezuela and end extra-judicial killings

III. Legislative

A. Overhaul the Electoral System and Voting Rights

  • Eliminate voting restrictions and make voting more accessible (i.e., restoring voting rights to felons who have served their time)
  • Stop purging voter rolls so frequently' once.per census is enough.
  • National voting standards ensuring uniform access. Nationalize mail in voting
  • Automatic voter registration and expanded early voting
  • Electoral College reform or abolition.
  • Campaign finance reform to reduce oligarchic influence.Legistlate Citzens United out of existence. Money does not equal speech and corporations are not people
  • Public funding for elections
  • Make Election Day a national holiday
  • Gerrymandering elimination through independent redistricting commissions
  • Voting Rights Act restoration and expansion. Pass the John Lewis Voting Rights act.
  • Accommodate for multiple languages and make voting ADA compliant for accessibility

B. Create a Modern Legislative Agenda

  • Enact a Green New Deal, subsidizing green energy to lessen dependence of fossil fuels; invest in nationwide smart grid technology to modernize electrical infrastructure
  • Make climate change the top of any agenda as it is the largest threat currently facing our planet
  • Restore national lands, removing them from private use beyond grazing rights agree to with native tribes
  • Enact an abundance agenda to reflect productivity gains over the last 75 years. This would include a minimum basic income, a 32 hour work week, and a living mimimum wage ($25+ per hour)
  • Ban further offshore drilling
  • Add national parks, monuments, and forests
  • Require minimum fuel standard for vehicles with internal combustion engines
  • Repeal tariffs
  • Expand Medicaid and endeavor to institute single-payer universal healthcare and re-establish vaccine programs and other public health initiatives
  • Invest in scientific and medical research and participate in international cooperation on these issues
  • Re-establish environmental regulations and give the EPA teeth to enforce them
  • Retake the reins from Silicon Valley with oversight of cutting technologies
    (AI, autonomous vehicles) while investing in new areas

C. Modify How Congressional Works

  • Wrest control over the ability to declare war and authorize military operations from the Executive Branch
  • Kill the filibuster for precedural votes and executive nominations to prevent minority obstruction
  • Enforce ethics standards with independent oversight and censure
  • Restrict lobbying and limit the revolving door between the Hill and K. Street
  • Require transparancy for all legislative activities save top secret intel hearings

D. Reform Taxation

  • Allow Trump tax cuts to expire
  • Increase the marginal tax rate above $1 Million. Greatly increase it aboiiut $1 Billion. Make billionaires foot the bill for a new great abundance agenda as they serve no purpose
  • Make income between $50k and $1m taxable for FICA to fund social security
  • Bring capital gains tax rates inline with personal income taxes. Make wealth equal to work
  • Decrease the amount that is immune from inheritance taxes
  • Close corporate loopholes and tax offshore companies

E. National Security (repeated)

  • Re-iterate support for and commitment to NATO
  • Fund Ukraine to fight fascist Russia
  • Recognize the Palestinian state
  • Cease all arms shipments to Israel
  • Isolate Israel until they rejoin the community of reasonable nations
  • End all idiotic tariffs and reconcile with Canda nd Mexico, whatever it takes
  • Strengthen Pacific alliances
  • Try to influence India on retuning to a full democracy beyond Modi while working to smooth tensions in South Asia
  • Cease fascination with Venezuela and end extra-judicial killings

F. Expand the Union

  • Grant D.C. statehood immediately
  • Grant Puerto Rico statehood should the populace wish
  • Make other territories feel at ease about petitioning for statehood

IV. Judicial

A. Reform the the Courts from the Top

  • Expand the court to restore representation for all: one justice for each appellate circuit (14). The number of justices is only fixed by recent tradtion anyway. Let's not get to concerned about the even number (14).
  • Enact term limits for justices to prevent excessive political influence (20 years)
  • Create Ethics enforcement mechanisms with real consequences
  • Reform the nomination process reform to reduce partisan influence
  • Lower the bar for impeachment of judges, including the supreme court justices
  • Outlaw the shadow docket

B. Justice System Independence

  • Provide special counsel protections with Congressional oversight
  • Protect career prosecutor and defenders from political retaliation
  • Require transparency for all prosecutorial decisions
  • Allow, encourage and abide by legal challenges to and decisions against authoritarian actions
  • Provide independence protections for lawyers and legal organizations
  • Grant pro bono representation guarantees for targets of political persecution
  • Expand legal aid for those facing government retaliation

V. Societal

I'm not going to lie. This will be the hardest for many reasons: years of disinformation, inherent racism, rampant anti-intellectualism, general narrowness, xenophobia, ignorance, etc., etc. But just getting them down will give us a North Star to make all that has come above more achievable.

A. Civil Rights and Social Justice

  • Declare complete victory over the confederacy once and for all. It was the first total war, not is the time for total victory. The root of much of today's evils—the lost cause mythology feeding racist hate
  • Remove all remnants of the confederacy insofar is possible, madatiing it in public space and highly incentivizing it in private ones, including the name of our alma mater.
  • Remove statues. Restore non dogwhistle names to renamed army bases. Rename streets. Ban the confederate flag in all of its forms. I recognize Stone Mountain will be impossible, but contextualize it as racist and let it erode on its own.
  • Make clear at all junctures that the confederacy was rebelling agains the United States of America and fighting the United States Army (not the Union)
  • Enforce civil rights comprehensively across all sectors and states
  • Add additional teeth to hate crime legislation with enhanced penalties
  • Ensure equal access to education, healthcare, and employment
  • Address misogyny, racism, and LGBTQ+ phobia from the top down as Truman did with integrating the military
  • Stop demonization of trans people

B. Economic Democracy and Justice

  • Guarantee labor rights and the ability to join unions. Reconstruct the NLRB, roll back "right to work" (hahahaha) laws ala Michigan
  • Enact Affordable housing mandates, anti-speculation measures, transit-oriented development
  • Implement inflation control, employment recovery programs, tariff policy reversal
  • Demilitarization local police and make them accountable to their communities

C. Information Ecosystem and Media

  • Protection from harassment of critical media
  • Anti-SLAPP legislation expansion
  • Expand public media as alternative to corporate-captured outlets
  • Revise the telecommunications act of 1996 to make media decrease media consolidation (from 50 companies to 5 in 50 years); restore a revised fairness doctrine to combat propaganda (Fox News)
  • Create a fact-checking infrastructure independent of media companies

D. Democratic Participation and Civic Renewal

  • Create civic literacy requirements teaching recognition of authoritarianism, media literacy education, and U.S. civics and government.
  • Provide community organizing support, citizens' assemblies, and participatory budgeting locally
  • Strengthen democratic alliances. Prioritize diplomacy over. military intervention. (Jaw jaw is better than war war. —Churchill)

E. Implementation and Coalition Building

  • Create a cross-partisan democracy defenders coalition (not just democrats and republicans, but also greens, libertarians, democratic socialists, socialists, etc.
  • Continually assess institutional resilience assessment and provide support
  • Conduct generational planning to acknowledge the long time horizon (20+ year reconstruction timeline)

F. Other Societal Issues

  • Housing: work toward walkable neighborhoods. More planning independent of motor vehicles
  • Transportation: re-invest in mass transit and high-speed rails, much as did for Interstate Highways in the 1950s. Greater regulation of autonomous vehicles.
  • Accountability for current abuses: prosecute all Trump political appointees who carried out illegal orders and otherwise abetted his administration
  • Education: strengthen public schools and provide not money to private, charter schools; Increase teacher salaries, and reform funding for higher education (i.e., outlawing predatory student loans and granting student loan forgiveness). Invest in civics and scientific education
  • Expertise: rebuild trust in experts in science, policy, health, etc.

Conclusion

Political scientists surveyed by Bright Line Watch gave American democracy a rating of 67 after Trump's election, which plummeted to 55 just weeks into his second term—"a precipitous drop" representing the biggest decline since 2017. As Harvard professor Steven Levitsky warns, "We've slid into some form of authoritarianism... we are no longer living in a liberal democracy."

However much Trump is weakening America's core strengths— "higher education, scientific research, rule of law, a melting pot of immigrants, recruitment of the world's best minds, the strong dollar, American soft power"—recovery is still possible, as outlined above. It won't be easy,but is anything that is truly worth it ever easy?

In the immediate term,this new reconstruction will likely lead to more intense partisan division and ill-feeling. But it must go beyond restoration to transformation, creating a democracy more resilient to authoritarian threats while expanding genuine participation and equality.

The task will require sustained commitment across multiple election cycles and the courage to make fundamental changes to systems that have proven vulnerable to abuse.

The scope of damage is unprecedented. It ranges from the systematic destruction of scientific institutions to the demoralization of the federal workforce to the capture of major legal and academic institutions. Recovery will require not just policy changes but a generational commitment to rebuilding democratic culture and institutions from the ground up.

Are you up for it? We are Not Unmindful of the future for a reason.

Success depends on building a broad coalition committed to democratic values over partisan advantage. We must maintain hope that "this is a time for a rebirth of liberal patriotism."

Most importantly, we must acknowledge the severity of the damage and the historical precedent that such systems can be overcome through sustained democratic resistance.

Non in cautus futuri

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Note: Claude.ai was used to help outline this list into manageable subdivisions. However, the text was not in any way written by AI.