Here We Are

“There is no daylight.”

There is no daylight between the House Republicans, the House and the president on maximum transparency,” Mike Johnson, Speaker of the House of Representatives. July 21

Truer or scarier words have rarely been spoken.

For “daylight” is precisely what the framers sought to build into the Constitution in the first place.

Here is what James Madison wrote in Federalist #47: “The accumulation of all powers legislative, executive and judiciary in the same hands, whether of one, a few or many, and whether hereditary, self appointed, or elective, may justly be pronounced the very definition of tyranny.”

Madison’s thinking on this derived from Montesquieu, who wrote in The Spirit of Law: “There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates.”

While the separation of powers is itself fundamental to democracy and to human liberty, it is not sufficient. It must be accompanied by a system of checks and balances in which each branch can check the overreach of the other two.

“A Legislative, an Executive and a judicial Power, comprehend the whole of what is meant and understood by Government,” wrote John Adams. “It is by balancing each of these Powers against the other two, that the Effort in human Nature toward Tyranny can alone be checked and restrained and any degree of Freedom preserved in the Constitution.”

The language, punctuation, and capitalization of these quotes may seem old-fashioned, but the message could not be clearer. A constitution in which the three branches operate separately but have certain abilities to check the aggrandizement of the others is the bedrock of democracy and of the liberty that comes from self-government.

This is no longer happening in the United States.

Speaker Johnson went on to say, in his very next sentence, that the president “has asked the attorney general to request the grand jury files of the court; all of that is in process.” This is the same attorney general, Pam Bondi whom, The Wall Street Journal reported, had told Trump in May that his name was in the Epstein files. The White House called the report “another fake news story” – and tried to change the subject by accusing Barack Obama of treason. The speaker then refused to hold a vote on the release of the files and sent the house into summer recess to prevent the matter from being brought to the floor. All that remains is for the supreme court to weigh in with yet another 6-3 decision boosting the power of the president. Then there will be no daylight indeed.

And for what? To cover up, once again, the personal peccadilloes of the president of the United States and to make the three branches of government protect him at all costs.

That the future of the republic should rely on such a sordid foundation as the assignations of Jeffrey Epstein and the questions surrounding his suicide in prison (while he was supposedly on suicide watch) is the latest example of how low we have sunk in just six months. Starvation stalks Gaza. Climate change has brought unprecedented heat levels from Houston to Chicago. Almost 12 million Americans are at risk of losing health care coverage, and U.S. Marines have been sent into the streets of our own cities.

That the Congress of the United States spends its time protecting the predations of powerful men at the expense of the lives of the young women who were their victims, not to mention the country they are supposedly governing, defies belief

Yet, to borrow from the last line of the Dorothy Parker story: “Yes, here we are,” she said. “Aren’t we?

State of Alarm

“As Maine goes, so goes the nation.”

With 1.4 million people, Maine ranks 42nd of the 50 states. It is the least densely populated state east of the Mississippi River and the most rural state in the country. Its lighthouse in West Quoddy Head – despite its name* – is the easternmost point in the United States. It is closer to both Africa and Europe than any other place in America.

Politically, Maine has a fascinating history. It joined the Union in 1820 as part of the Missouri Compromise. For 23 of the next the 29 election cycles, the governor, who is elected in September, came from the same party as the president, elected two months later. Hence the maxim: “As Maine goes, so goes the nation.” That ended in 1936, when Maine and Vermont were the only states to support Republican Alf Landon in Franklin Roosevelt’s landslide, which prompted FDR’s campaign manager to quip, “As Maine goes, so goes Vermont."

Currently, of Maine’s two senators, one, Susan Collins, is a Republican with a reputation as a moderate. And while she supports her party the vast majority of the time, she votes against Trump more than any other Republican. The other senator, Angus King, is an Independent who caucuses with the Democrats. A moderate on most matters, he has worked painstakingly to bring members of the two parties together. Because he believes that a major source of dysfunction in Washington is that Democrats and Republicans no longer know each other, he regularly invites members of both parties to share pizza at his apartment.

While Maine’s two House members are Democrats, they have little else in common. Chellie Pingree, who represents the city of Portland and the surrounding area, has a consistently progressive voting record. Jared Golden, who represents the other four-fifths of the state, is probably the most conservative Democrat in the House. Only two Democrats are more likely to vote with Trump than Golden. (The most likely – I kid you not – is Alexandria Ocasio-Cortez.)

Golden treads a delicate line. Although only 42 years old, he is serving his fourth term representing a district that has three times voted heavily for Trump. The former marine is an old-fashioned “labor and lunch pail” Democrat who carries a gun. He was one of five House Democrats to vote against the assault weapons ban in 2022.# After the mass shootings in Lewiston in October 2023 left 18 people dead and 13 wounded, Golden reversed himself, saying, “To the people of Lewiston, my constituents throughout the 2nd District, to the families who lost loved ones, and to those who have been harmed, I ask for forgiveness and support as I seek to put an end to these terrible shootings.” Those words very nearly cost him re-election.

Governor Janet Mills, a Democrat, is liberal on many issues, notably woman’s rights, less so on the environment and guns. Earlier this year, following a viral exchange over transgender athletes, she incurred the wrath of Donald Trump. He has since withheld millions of dollars in federal funds already approved for Maine’s schools, colleges, and health systems.

So there it is. Five very different officeholders in a small, rural state, with one thing in common: they all oppose the legislation Trump signed into law on July 4th. “The President may call it the ‘Big Beautiful Bill,’” wrote Gov. Mills, “but there’s nothing beautiful about it.”

“I've been in this business of public policy now for 20 years, eight years as governor, 12 years in the United States Senate,” said King. “I have never seen a bill that is this irresponsible, regressive, and downright cruel.” After JD Vance had cast the tiebreaking vote, King could be heard excoriating his Republican colleagues, something the collegial senator has never been known to do.

In 2018, I asked King about the consequences of Trump’s presidency. He told me that things were bad, but he did not believe the republic was in danger. He has clearly changed his mind. On April 29th, he told the Senate: “This President is engaged in the most direct assault on the Constitution in our history, and we in this body, at least thus far, are inert – and therefore complicit.”

This bill should make clear to everyone the danger this administration poses to the future of the nation. They are no longer making any attempt to hide it. Even the name, “Big Beautiful Bill,” is intentionally in your face. That Maine’s five leaders, from across a broad political spectrum, all opposed the bill is a sign of hope. That they fell short of stopping it should be a siren call for us all.

It’s time for Maine to once again become a bellwether, not just for Vermont, but for America. It’s time to revive the maxim, “As Maine goes, so goes the nation.” Above all, it’s time to take seriously the alarm sounded by these five disparate political leaders.


* East Quoddy is across the bay in Nova Scotia.

# Reflecting Maine’s electorate, Collins, King, and Mills are also generally pro-gun.