Why a loyal opposition is essential to democracy

When I was the U.S. ambassador to Equatorial Guinea, a small, African nation, the long-serving dictator there routinely praised members of the “loyal opposition.” Serving in the two houses of parliament, they belonged to pseudo-opposition parties that voted in lock-step with the ruling party. Their only “loyalty” was to the country’s brutal dictator, who remains in power. He and his cronies rig elections, so these “opposition” politicians never have to fear being voted out of office.

In contrast, the only truly independent party in the country is regularly denounced by the dictator and his ruling party as the “radical opposition.” Its leaders and members are harassed, often imprisoned on false charges and barred from government employment. This genuine opposition party has no representatives at either the national or local level despite considerable popular support. In dictatorships, there can be no loyal opposition.

In fact, the term “loyal opposition” was coined during the 19th century in democratic Great Britain. It referred to members of parliamentary opposition parties who, as long as they pledged loyalty to the crown, could criticize the incumbent government’s policies. This allowed members of the British Parliament’s loyal opposition to dissent without fear of being accused of treason.

Sign up for The Fulcrum newsletter

The concept of a loyal opposition also exists in our country albeit in somewhat different form. Members of Congress as well as those who serve in government and the military swear an oath of loyalty not to a president, but rather to the U.S. Constitution. Protected by the First Amendment, the party out of power as well as the media, civil society and citizens are free to oppose policies of the president and members of his party by doing so peacefully and abiding by our laws.

But this has not always been the case. In 1798, Congress enacted the Alien and Sedition Acts and the Alien Enemies Act, which not only imposed restrictions on immigration, but also limited free speech. Specifically, the Sedition Act criminalized what the Federalist Party then in power deemed to be false and malicious statements against it. Members of the opposition Democratic-Republican Party, as well as journalists supporting them, were sometimes prosecuted. After the Democratic-Republicans came to office, Congress repealed the Sedition Act. But this was not the last time the U.S. government used its power to repress free speech in violation of the First Amendment.

The Sedition Act of 1918, passed during World War I, threatened prosecution of anyone who expressed opinions viewed as undermining the war effort. Beyond that, it prohibited language judged to be “disloyal, profane, scurrilous or abusive” against the U.S. government, the American flag and the U.S. armed forces. Justified as necessary in wartime, the act was repealed in 1920.

Sadly, this history could be repeated. At an October rally in Colorado, then-presidential candidate Donald Trump announced Operation Aurora. He said his plan would employ the Aliens Enemies Act of 1798 to arrest and deport criminal gang members allegedly here illegally. And while Trump has not called upon Congress to pass new sedition laws, he has threatened to abridge free speech guaranteed by the First Amendment. This includes silencing domestic critics he claims are “enemies from within” who imperil U.S. security. Additionally, the president-elect has said he may cancel broadcast licenses of network-affiliate television stations due to their “unfair” coverage of him and his campaign.

In the coming months, Trump will assume the presidency, and his Republican Party, which already has a Senate majority, is likely to control the House of Representatives as well. For this reason, it is essential they regard the Democratic Party as the loyal opposition. In a democracy, there is a distinction between “enemies” and “adversaries” that should never be forgotten.

Democrats will certainly differ with Republicans and President Trump on major policy issues, but this does not mean the Democratic Party will be “disloyal” in its opposition. Although in the minority, Democratic lawmakers have the right to be heard. Along with President Joe Biden, they are committed to the peaceful transfer of power as required by the U.S. Constitution.

The bedrock of U.S. democracy is showing respect toward political opponents who are loyal to our system of government, its values and our country. Regardless of how you voted, this is what must unite us as Americans.

Asquino is a retired career diplomat and author of “Spanish Connections: My Diplomatic Journey from Venezuela to Equatorial Guinea.