About a month before Joe Biden decided not to seek another term and support Kamala Harris for the presidency, Prof. Rodney Smolla, a constitutional scholar and president of Vermont Law and Graduate School, gave a very fascinating lecture at the United Church of Strafford about the 2024 election: What is at stake? In a more than an hour-long witty discourse, Prof Smolla discussed two competing global visions: Trump’s transactional isolationism and Biden’s traditional engagement; domestic issues regarding redistribution of income and wealth; affirmative action; gender identity; Roe v. Wade; and other issues that divide Americans today. Surprisingly, there was no mention of Trump’s crimes.

Rather, Prof. Smolla said, “No matter who wins some 80 to 90 million voters would have voted for the other person.” American democracy is complicated, Prof. Smolla seemed to be suggesting. “The Prosecutor v. Felon” trope, “In the American criminal justice system ….,” is not going to help Democrats to win the presidential election. Defeating Donald Trump decisively at the ballot box rather than waiting for the courts to decide the former president’s myriad criminal cases would be a more robust way to empower the electorate and rejuvenate democratic values.

A court ruling against Trump could provoke a significant backlash, particularly among his base, which might see it as an illegitimate attempt to steal the election from their candidate. By defeating Trump electorally, Vice President Kamala Harris and Governor Tim Walz would minimize this backlash, ensuring that the outcome is viewed as a legitimate expression of the people’s will.

The courts, indispensable to the rule of law, should not dominate our lives. No wonder, the Harris-Walz campaign is focusing on energizing the electorate, particularly by targeting key voter demographics in battleground states. Their campaign strategy centres on engaging and mobilizing key constituencies, such as young voters, minorities, women, moderates, independents, and even disillusioned Republicans who may feel particularly motivated to oppose Trump. By building a broad and energized coalition, Harris and Walz are attempting to create a decisive electoral advantage. By presenting a clear and compelling policy vision, especially about economy, crime, immigration, China, and Russia that contrasts with Trump’s, they would win voters on the merits of their platform rather than through legal battles. The Harris-Walz strategy to defeat Trump focuses on contrasting their optimistic vision for America with Trump’s darker portrayal of the country’s future.

They are positioning themselves as “joyful warriors,” aiming to restore a sense of hope in American politics. This strategy seeks to inspire voters by focusing on uplifting messages rather than divisive rhetoric. Their emphasis on commonalities among Americans, advocating for a vision of unity and op portunity contrasts with Trump’s strategy, which exploits societal divisions for electoral gain. While the campaign focuses on positivity, it also recognizes the im portance of addressing economic issues such as inflation and rising costs. Vice President Harris has pledged to advocate for the middle and working class because economic solutions remain a critical component to selling her platform to a wide swath of voters. C

ontinuing the middle-class uplifting policies of Biden, Vice President Harris announced a most ambitious economic agenda that sets out her detailed vision that aims at lowering economic pressures on American families including eliminating medical debts for millions of Americans; a $25,000 subsidy for first-time home buyers; a $6000 per child tax credit for families for the first year of a child’s life; a ban on price gouging at grocery stores; and not to raise taxes on Americans earning less than $400,000 annually. Besides, Medicare beneficiaries’ benefits contained in the Inflation Reduction Act (2022), such as outof-pocket insulin cost at $35 and prescription drug cost of $2000 would be extended to all Americans; and much more.

By leveraging a message of hope, optimism, and unity and a clear economic vision to benefit working-class families and small businesses, the Harris-Walz campaign aims to energize and expand its voter base by appealing to both urban and rural constituencies. The campaign seeks to transcend traditional political divisions and present a hopeful alternative to Trump’s more pessimistic outlook. But Trump is a formidable adversary. Behind Trump’s theatre of the absurd ~ demeaning utterances, buffoonery, falsehood, womanizing, racism, sexism ~ there’s a political genius with fierce determination and a vision, albeit contorted, that appeals to millions.

Beating him is not going to be easy because, despite his numerous legal, political, and social controversies, he remains a powerful political figure. His ability to retain significant influence, even amid the scandals and challenges, and an assa ssination attempt, can be attributed to a combination of personal appeal, political strategy, and the broader dynamics of American politics. Trump’s populist message has been a central component of his political staying power. He effectively capitalizes on a sense of grievance among working-class voters who feel left behind by globalization, technological chan ge, and the shifting cultural norms of the country. His “America First” platform, which emphasizes protectionist trade policies, anti-immigration stances, and scepticism of international institutions, is based on what Prof.

Smolla calls a transactional art of the deal. Trump is an expert in media manipulation and branding. Even before entering politics, he built a strong public image as a successful businessman and television personality. He has leveraged this media savvy to maintain a nearconstant presence in the news cycle, often turning scandals or controversies into opportunities to galvanize his supporters. His use of social media, Twitter (X) and Truth Social, allows him to communicate directly with his followers, bypassing traditional media outlets that he often derides as biased or “fake news.” His ability to control his narrative and dominate media coverage has kept him publicly prominent and ensured that his messaging reaches beyond his base.

In this way, even negative press can sometimes work to his advantage, reinforcing the perception among his supporters that he is under attack by powerful forces but he’s indestructible. Many of his supporters believe he is being unfairly targeted by a politically motivated “deep state” or the legal system. He has successfully framed many of these legal challenges as part of a broader effort by his political enemies to silence him and prevent him from reclaiming the presidency. This narrative of persecution has resonated deeply with his base, which sees Trump as a martyr figure standing up against corrupt elites.

Trump has also tapped into the culture wars that dominate much of American political discourse. His vocal opposition to “woke” culture, cancel culture, and progressive social movements (such as Black Lives Matter and transgender rights) has made him a champion of those who feel threatened by what they perceive as a leftward shift in American culture. He presents himself as a defender of traditional Christian values and a bulwark against the excesses of progressive activism. This positioning has solidified his appeal among religious conservatives, some of whom believe, as McKay Coppins wrote in The Atlantic, that the Lord would help America Make America Great Again through Donald Trump.

Nonetheless, Trump is not unbeatable. But to win a conclusive victory the Harris-Walz campaign must go beyond pocketbook, crime and immigration issues and create a vision of America so powerful, captivating, and persuasive, that it transcends Trump’s isolationist, polarizing, racist, apocalyptic rhetorical vision. Imagine, with Kamala Harris in the White House, America would take “the road not taken before,” and, as President Biden said on Monday night at the Democratic National Convention in Chicago, “Her story represents the best American story…. She’ll be a president our children can look up to. … She will be a historic president who puts her stamp on America’s future.”

(The writer is the author of India In A New Key: Nehru To Modi)