More an honest reading of the history of power. If one side seizes a previously norms-gated tactic and is allowed to use it, the other side either seizes it, too, or ceases to exist. (Obviously, the preferred outcome is this is not allowed to stand.)
I totally agree that is the common and probable outcome. However, is not the exclusive outcome, nor does it have to be enthusiastically supported.
Norm erosion and law breaking often see tit for tat retaliation with the notable exception of when norms and order are productively restored.
I follow your comments because I find them balanced and often insightful, even (or perhaps especially) when I disagree. For this reason, I was surprised to see you advocate more unjust and amoral behavior, even if it is in the form of retaliation.
I’m frankly surprised where I find myself. But I don’t see another move.
> even if it is in the form of retaliation
The most important part is messaging the expectation of retaliation ex ante: If you break habeus, we—too—will use that power. (And it won’t be our moderates who will be the first to seize it!)
Otherwise, we have a two-party system where one team seizes advantage through force while the other pudges along hamstrung by norms only they respect. Also: once a norm is eroded, it’s impossible to regain it through norms alone. (I don’t recall any historical example of norms escalation being peacefully rolled back. It takes a shock for people in the moment and in the future to be able to point to for why that norm is necessary. Somehow the Nazis, Japanese internment and the Argentinian economy aren’t enough anymore.)
Unfortunately, the norms being violated now probably require a Constitutional amendment to reïnstate. So I’m pessimistic about an off-ramp versus this being the new status quo. Maybe both sides being clear about what suspending habeus really means is the kick in the ass America needs to restrict pardon powers and/or give the Congress and courts limited direct enforcement authority. (Or maybe, as it was with Jackson, it will be Trump’s economic ineptitude that brings the shock.)
More an honest reading of the history of power. If one side seizes a previously norms-gated tactic and is allowed to use it, the other side either seizes it, too, or ceases to exist. (Obviously, the preferred outcome is this is not allowed to stand.)