We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. – Declaration of Independence, 1776
2020 may come to demarcate the en masse departure of US citizens from our social contract. This most famous quote from the Declaration of Independence regarding our “unalienable Rights” of “Life, Liberty, and the pursuit of Happiness” cannot be viewed in isolation. It must be understood within the context of what the founding fathers believed inherent in any model of self-governance, namely, the social contract.[1]
The facemask has become a political symbol of the division between those who understand that their freedoms end at the boundary of potential harm to another versus those who believe that wearing a mask is too onerous a requirement to obey—an infringement of their individual freedom. In the throes of the worst pandemic to have hit this country since the Spanish Flu in 1918, many Americans decided to defy statewide or local regulations—indeed some stormed the halls of state buildings armed with semi-automatic weapons to protect their “freedom” and protest their (Democratic) Governor’s implementation of emergency measures to protect all citizens.
This anti-mask movement is not a grassroots phenomenon. The catalyst for defiance of reasonable public health measures started with a Commander-in-Chief who consistently refused to adhere to or model responsible actions, either within the White House or at large campaign rallies across the country. He repeatedly claimed that the virus was no more dangerous than the flu, suggested multiple times that it would “just disappear,” and promoted untested drugs (hydroxychloroquine) or fatal interventions (of bleach) on national television.[2] President Trump’s comments were not one-offs or the casual meanderings of an unintentional “hot mic” incident. Even after having understood in early February 2020 that a highly contagious, airborne virus had reached our shores, the President wasted valuable time denying its existence and insisting on its irrelevance to the normal course of public life.[3]
As the pandemic started surging in late March, the Trump administration convened its COVID Task Force, chaired by Vice President Pence. During daily briefings on national television, members of the Task Force would offer briefings regarding the pandemic. However, not only were the briefings by scientists or other health officials frequently overshadowed by contradictory or false comments by the President, but other public statements by the President either contradicted or cast doubt on the severity or reality of the virus. As one whose experience consisted of having been a reality TV star, the president demonstrated no awareness of the harm done by his haphazard and ignorant commentary regarding a public health crisis and the means to address it.[4]
Even President Trump’s arguments regarding his desire to play down the crisis to prevent panic fly in the face of what is widely understood as appropriate messaging to the public regarding what is known—the facts—and how to protect themselves based on scientific understanding of viable options at the time. And, admittedly, this was and remains a moving target for the novel coronavirus. However, denial, nonfactual fantasies, and false promises create confusion and false expectations. President Trump’s approach created a worse-case scenario in response to a crisis that requires widespread consensus to mount a united effort.
In the face of mounting evidence of the virus’ presence and virulence, many states or large urban areas opted for stay-at-home measures and shut down non-essential commercial activities. “Normalcy”—kids in school, in-person shopping, dining at restaurants—came to a screeching halt. All of this transpired at the state or county level. In one instance, stay-at-home measures led to divisions between the Democratic Mayor of Atlanta and the Republican Governor of Georgia, with the Mayor issuing stay-at-home orders, while the Governor refused to take any actions in response to COVID-19 and tried to overturn orders issued by Atlanta’s Mayor.
It is true that these public health measures closed numerous businesses and sacrificed the jobs, indeed the livelihoods, of many. The economic impact has been devastating to numerous sectors of the US economy and millions of workers. The unemployment rolls have swelled in the wake of these rolling lockdowns, phased re-openings and (now) rollbacks. It is also true that the stay-at-home orders, coupled in many cases by financial calamity, have led to increased incidences of suicide, domestic violence, child abuse and escalating substance abuse in our homes and communities. The impacts are severe, far-reaching and difficult to quantify. However, it is equally true that a robust economic recovery cannot succeed while COVID-19 positivity rates skyrocket, hospitals are at or over capacity, and morgues are overflowing. A healthy and sustainable economic recovery is synonymous with containing COVID.
Due to White House pressure to reopen and save the stock market as well as the public’s impatience with these restrictions, many states either did not follow public health guidance and those that did re-opened too soon—prior to sufficient identification and isolation of COVID carriers, accompanied by sufficient testing capacity and contact tracing measures—to ensure containment.[5] A favorite maxim touted by the White House and echoed by news outlets and (Republican) state leadership only weeks after the initial closures was that “the cure can’t be worse than the disease.”[6] In one instance, the Lt. Governor of Texas opined that it was worth sacrificing his own life, and by extension those of the elderly, to secure economic prosperity for younger generations.[7]
During this national debate, I asked my own kids about the worth of their grandmother’s life were her life at odds with their future fortunes. They answered that grandma’s life was “priceless.” This offered me some solace. Perhaps my children’s thinking is not yet soiled by a calculation that stacks grandma’s continued presence in our lives against a stock market portfolio. Or, perhaps, their own time-limited dependence as children unconsciously underscores our existential interdependence, an innate understanding of the social contract.
And, as predicted in the rush to reopen the economy, we are now experiencing the “second wave” with daily case counts and now deaths exceeding all prior records set from the beginning of the pandemic through October this year. The U.S. death count exceeded 265,000 this week and shows signs of exceeding 300,000 before positivity rates have started to peak.[8] Hospitals and morgues are overflowing again, and healthcare workers are in too short a supply.[9] Indeed, due to manifold ineptitudes at the federal level, originating with President Trump and echoed by his sycophants and the right-wing media, a nationwide acknowledgement of the pandemic was delayed, and the response was haphazard at best. And, still, some thwart the wearing of a simple, cloth facemask to provide protection for themselves and others. Some have suggested that mask-wearing regulations are analogous to the laws mandating the use of seatbelts in automobiles, but that analogy falls short. Seatbelt mandates protect the driver and passengers in the vehicle in the case of an accident. They do nothing to prevent injuries in other vehicles, unless seatbelts are similarly employed in other vehicles. Facemasks protect the wearer and anyone else in close proximity.
The mask is viewed by some as a simple measure of personal responsibility, an inherent part of the social contract, while it is perceived by others as a violation of freedom, a symbol of government overreach into personal lives. The facemask now symbolizes the political division in our country.
In this Republic, we agree to be governed by our democratically elected leaders. We also observe some constraints on our individual liberty for the greater good. As interpreted most directly in the writings of Thomas Jefferson, among others, John Locke argued that we gain civil rights in return for accepting the obligation to respect and defend the rights of others, giving up some freedoms to do so. In short, my freedom stops where my actions impinge on the “life, liberty and pursuit of happiness” bestowed equally on my neighbor. Evidently, for a significant proportion of our citizenry, donning a mask when shopping or walking on busy streets is too great a sacrifice.
The ultimate irony in the threat to our democracy is that it has nothing to do with the pandemic or facemasks per se. Indeed, the tyrant in the White House has not veiled his objectives in any why while shunning and even mocking the wearing of a facemask. President Trump has been quite clear that he detests our constitutional order; he’s gone to great lengths to test the resilience of our institutions. More disheartening than Trump’s actions has been our witnessing of the GOP’s and his followers’ fealty. While fighting for their “freedom” to not wear a facemask, Trump followers are promoting tyranny over our democratic values, institutions and processes.
It is well-documented that Trump repeatedly avoided any commitment to a peaceful transfer of power based on the will of the people. As John Jay has pointed out in earlier writings, he exploits the conspiracy theories of QAnon while claiming not to know about them. He has enabled previously fragmented white nationalist organizations by providing them a platform. “Antifa” (antifascist) is now a pejorative buzzword that connotes violent, anti-American anarchists to a large segment of our society, whereas the US Army represented “antifa” during World War II. Most insidious is that the current occupant of the White House detests the institutional framework designed by the founders and has repeatedly sought to weaken their foundations, whether through exploiting the fealty of the GOP or using Bill Barr and the Department of Justice as his personal legal team. A malignant narcissist cannot fathom a social contract.
On November 3, polls across the country opened and closed as they have done for almost 250 years. More people voted in this Presidential election than ever before. Due to unprecedented numbers of mail-in ballots and tight contests in Arizona, Georgia, Nevada and Pennsylvania, where the counting of mail-in ballots only commenced on the actual day of the election, the numbers trickled in over several days.
President Trump initially claimed victory in the wee hours of November 4, even though several key states remained undeclared and neither candidate had reached the necessary 270 electoral college votes.[10] As the final vote counts in tight races were tabulated, Biden’s victory became more evident. On November 7, the Associated Press called the race for Joe Biden. Despite this reality, President Trump continues to contest the election results via tweet, spewing false allegations of widespread fraud to his followers.[11]
Immediately following the election, troops of lawyers fanned out in states with close races to file lawsuits rife with spurious claims regarding voting machines or faulty processes. None of these suits has stuck. They have been roundly dismissed and, in some cases, spurned by the courts. For example, District Judge Mathew W. Brann in a Pennsylvania suit opined: “This Court has been presented with strained legal arguments without merit and speculative accusations . . . this cannot justify the disenfranchisement of a single voter, let alone all the voters of its sixth most populated state. Our people, laws and institutions demand more.”[12] With each lawsuit and recount, Trump is again proven to have lost.[13]
President Trump has tried and failed to find a legal remedy to undermine our democratic process. He told his followers that he would “fight” for his throne. Our electoral process worked. Our judicial system adhered to the rule of law in their respective jurisdictions. Unfortunately, as with the virus, not all recognize the merit of the election. 70% of Republican voters believe the tweeter-in-chief, rather than the election workers and their own courts regarding a fair and fraud-free election.[14]
The issue is not “the mask.” The mask is only symbolic of the erosion in the social contract based on mistrust of the “other” political party. “We hold these truths to be self-evident,” but they have never been self-executing.[15] Our freedoms are grounded in the social contract between citizens and enforced by our democratically elected leaders.
The tyrant in our midst wears no mask. The longevity of the American experiment is still very much at risk.
“A general dissolution of principles & manners will more surely overthrow the liberties of America than the whole force of the common enemy.” — Samuel Adams
“A sacred respect for the constitutional law is the vital principle, the sustaining energy of a free government.” — Thomas Jefferson
“You will never know how much it has cost my generation to preserve your freedom. I hope you will make a good use of it.” — John Adams
“The preservation of the sacred fire of liberty, and the destiny of the Republican model of government, are justly considered as deeply, perhaps as finally staked, on the experiment entrusted to the hands of the American people.” — George Washington
“Remember democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide.” — John Adams
“The liberties of our country, the freedom of our civil constitution, are worth defending against all hazards: And it is our duty to defend them against all attacks.” — Samuel Adams
Abigail Adams
[1] Social Contract Theory is generally defined as “the view that persons’ moral and/or political obligations are dependent upon a contract or agreement among them to form the society in which they live. . . . That agreement is that each individual, being naturally free, gives up certain freedoms in exchange for certain protections. In Leviathan, Thomas Hobbes posited that all people were free in the state of nature. The problem with absolute freedom, according to Hobbes, is that the exercise of some individuals’ freedoms will harm or infringe on the freedoms of other individuals. Abraham Lincoln provides one example of the expression of this theory. He said in his debates with Senator Douglas, “I believe each individual is naturally entitled to do as he pleases with himself and the fruit of his labor, so far as it in no wise interferes with any other man’s rights.” As It is impossible for individuals to defend all of their rights against the rights of each other, they join together in a community, enabled by government as the enforcer. According to Hobbes, Locke and many others, the Social Contract “was entered into voluntarily by the people, with the purpose of preserving their self-interests.” Jaren Wilkerson, “Disappearing Together? American Federalism and Social Contract Theory,” Journal of Constitutional Law, 17, no. 2: 572-573.
[2] Christine Paz, “All the President’s Lies about Corona Virus,” Atlantic, November 2, 2020, https://www.theatlantic.com/politics/archive/2020/11/trumps-lies-about-coronavirus/608647/.
[3] Susan Glasser, “Bob Woodward Finally Got Trump to Tell the Truth about Corona Virus,” New Yorker, September 11, 2020, https://www.newyorker.com/news/letter-from-trumps-washington/bob-woodward-finally-got-trump-to-tell-the-truth-about-covid-19.
[4]Brad Brooks, “Like the Flu? Trump’s Coronavirus Messaging Confuses the Public, Pandemic Researchers Say,” Reuters, March 13, 2020, https://www.reuters.com/article/us-health-coronavirus-mixed-messages/like-the-flu-trumps-coronavirus-messaging-confuses-public-pandemic-researchers-say-idUSKBN2102GY.
[5] Chris Megerian, “As Corona Virus Cases Soar, Trump Continues Cheerleading for Reopening the Economy,” Los Angelos Times, July 2, 2020, https://www.latimes.com/politics/story/2020-07-02/coronavirus-cases-soar-trump-cheerleading-reopening-economy.
[6] Maggie Haberman and David E. Sanger, “Trump Says Coronavirus Cure ‘Cannot be Worse than the Problem Itself,’” New York Times, March 23, 2020, https://www.nytimes.com/2020/03/23/us/politics/trump-coronavirus-restrictions.html.
[7] Abby Livingston, “Texas Lt. Governor Dan Patrick Says a Failing Economy Is Worse than Coronavirus,” Texas Tribune, March 23, 2020, https://www.texastribune.org/2020/03/23/texas-lt-gov-dan-patrick-says-bad-economy-worse-coronavirus/.
[8] Johns Hopkins University, Corona Virus Research Center, November 26, 2020, https://coronavirus.jhu.edu/.
[9] Madeline Holcombe, Holly Yan and Naomi Thomas, “El Paso to Get Fourth Mobile Morgue as it Opens Civic Center as Overflow Medical Facility,” CNN, November 2, 2020, https://www.cnn.com/2020/11/02/health/us-coronavirus-monday/index.html.
[10] Brook Singman, “Trump Declares Victory with Many States Still Undeclared, Hints at Supreme Court Case,” Fox News, November 4, 2020, https://www.foxnews.com/politics/trump-claims-victory-states-undecided-supreme-court-white-house.
[11] Salvador Rizzo, “Trump Tweets String of Falsehoods about Wisconsin Absentee Voters,” Washington Post, November 25, 2020, https://www.washingtonpost.com/politics/2020/11/25/trump-tweets-string-falsehoods-about-wisconsin-absentee-voters/. Also, Dan Balz, “A Vindictive Trump Seeks to Undermine Biden’s Presidency,” November 21, 2020, https://www.washingtonpost.com/politics/a-vindictive-trump-seeks-to-undermine-bidens-presidency/2020/11/21/410213ba-2bfe-11eb-8fa2-06e7cbb145c0_story.html.
[12] Lewis Goodall (@lewis_goodall, November 21, 2020), https://twitter.com/lewis_goodall/status/1330324993188765697.
[13] Rosalind Helderman, “Wisconsin Recount Confirms Biden’s Win over Trump, Cementing the President’s Failure to Change the Election Results,” Washington Post, November 29, 2020, https://www.washingtonpost.com/politics/wisconsin-recount-over/2020/11/29/b4896ade-30c9-11eb-96c2-aac3f162215d_story.html.
[14] Katherine Kim, “Poll: 70% of Republicans don’t think the election was fair and free,” Politico, November 9, 2020, https://www.politico.com/news/2020/11/09/republicans-free-fair-elections-435488.
[15] Barack Obama, 2013 Inaugural Address, https://www.youtube.com/watch?v=wGgQrxTcBqg.