For the purpose of this conversation, let’s pretend that every politician and judge in the US wants to turn the country into a dictatorship, and that every single voter is a complete sheep who’ll heartily support anything any politician or judge says. Given these circumstances, what would be needed to turn the US into a dictatorship, and how long would it take?
I guess the first step would be the repealing of the constitution by the Supreme Court (or possibly a constitutional amendment amounting to the same thing, approved by same). Then you’d probably have to get similar approval from all 50 State legislutures. Draft a new constitution, declaring who ever is charge as President for life with supreme power and that’s it.
Time frame? Few days, no more than a few weeks.
Better to ask: What would it take for the citizens to successfully resist such an attempt at dictatorship?
They wouldn’t, because in the OP hypothetical world, all the voters are sheep. Reading is fun.
Constant large scale terror attacks with the media broadcasting the idea that the only way to stop them was to let the government become much more invasive and controlling. Then again Israel is under constant threat of terrorism and WMD and it is still a liberal democracy.
It depends on what you mean by dictatorship. Do you mean a cult of personality like they had in Iraq and have in North Korea? DO you mean a country with insanely harsh penalties? A country with no political, civil or social freedoms? What exactly constitutes a dictatorship for this question.
This makes no sense to me whatsoever. It seems to me that there would be two ways to eliminiate the Constitution.
1 – The Legal Way. A Constitutional amendment would be passed that eliminated the Constitution and made the President leader for life. Per the Constitution, the Supreme Court has no role in amending (or presumably abolishing) the Constitution. Congress would pass the amendment by at least a 2/3 vote, and 38 states (3/4 of the number of states) would have to approve it. (I have no idea why approval would be required by “all 50 state legislatures,” as suggested above.)
Alternatively, 2/3 of the states (that’s 34) could call a constitutional convention and do whatever they please.
2 – The Extra-Legal Way. The presumed dictator for life declares that the Constitution no longer applies, and, per the OP, everyone agrees. That’s it.
I don’t get it. For the purposes of this conversation, it’s already done. What exactly is the question?
About one thousand people, representing 50% plus one of each of 34 state legislatures could do whatever they please to America, including disbanding it. Want their names?
My bad. Obviously, IANAconstitutionalL. Given the scenario presented, however, I’m sure all 50 states would vote yes anyway, it’s just the timing would be a little quicker than I thought.
It is the textbook method of transforming a Democracy into a Dictatorship.
It would be difficult to translate this into an American version, though it would have to start with the staging of some catastrophic event that wipes out the Capitol building (our version of the Reichstag), the ‘proof’ that the event was sponsored by ‘pro-terror Liberals’ (for example), and the subsequent vilification of anyone who seems to share any political leanings with this new enemy. With the government purged of any serious or competent opposition, enact a series of laws that puts more power in the hands of the Government while excluding anyone from said Government who might have a chance of opposing. Make sure a beloved national figure gives visible and heartfelt approval of the new leaders, one in particular who is charismatic and forceful, and you’ve got a pretty good approximation.
However, there is an important distinction. Germany had been a Democracy for about 14 years. Prior to that, it had been a kingdom/empire for at least a century. I imagine it’s easier to subvert a Democracy into a Dictatorship when the Democracy is young enough that everyone remembers what it was like to obey the King. Since it’s been more than 200 years since anyone in what is now the United States obeyed a king(besides Elvis, of course), it would be much more difficult to convince the people of the USA that living under a Dictatorship would benefit them in any way.
Of course, the people of Germany had also survived a disastrous 4-year war and then 15 years of horrible economic times and civil unrest. They were ready for a change.
I think what the OP is asking is, given a completely accepting populace and a determined government, what would it take to transform a de facto dictatorship into the real thing? What forms would have to be filled out, votes taken, etc.? And the question has been answered – de-ratifying the Constitution.
There is a third way, which is sloppier and a lot faster. Given a completely subservient Supreme Court (not so farfetched, is it?) then the President declare himself dictator for life whose word is law, the Congress ratifies, and the Supreme Court says “This is COMPLLETELY Constitutional!” despite the fact that it clearly is not.
This would allow the Pres to govern as a dictator very quickly and easily, but it does have the disadvantage of leaving the old democratic forms in place, which would be very handy for any persons wishing to return to the old Democratic ways at some subsequent time.
(Admittedly, there’s all the allegorical stuff about the political action taking place in Jupiter instead of inside the USA, but it’s the same deal really.)
You can also draft an entirely new constitution (with a president for life and all) and have people approve it (since they’re sheeps, they vote yes).
Who could state that a new constitution approved by the people is any less legitimate than the former one?
Seems to me the easiest thing all around would be for the President to declare a national State of Emergency and never lift. For the duration (i.e., forever), he can use his Executive Order power to do whatever he wants, and as long as there is the perception of a threat (i.e., “we’re at war!”), the sheep will put up with it.
Never happen here, for there is few “sheep” in the good ole USA. 
After a taste of freedom people refuse to give it up.
It couldn’t happen quickly. The President could try and declare a state of emergency, shut down congress and just start dictating. This way wouldn’t work for long, because the people would rise up against it. I’ve found that the American people don’t care for big sudden changes.
But it could happen slowly, in a way where most people wouldn’t notice it until it was already firmly in place. The ruling party, through a combination of fraud and also legal means, solidifies it’s hold on power. It could be a combination of little things, like in Texas where longtime Democratic strongholds were gerrymandered out of existence, or simply using bureaucracy and law enforcement sympathetic to the cause to suppress the vote in areas loyal to the opposition. Once the party has firm control of the Presidency and both houses of Congress, Supreme Court Justices would be appointed and confirmed who would rule in favor of the ruling party. Thus, the constitution wouldn’t have to be repealed. Laws suppressing opposition and limiting the powers of all other political parties would be quietly passed and ruled constitutional. There wouldn’t be mass purges of political opponents but people would start disappearing. The press would fall in line or be shut down. Arrests of political opponents would go unreported. Press outlets that reported the truth would be either shut down on technicalities or simply discredited. A few opposition voices might be allowed to speak freely, in order to give the illusion of free speech.
At the same time, elections would occur every two years. We’d still go and vote for President and for representatives and such just like we always have. It’ll just seem like a coincidence that the same party wins all the races every time, and that any meaningful opposition always manages to get involved in some scandal. The clergy, with their incredible ability to influence people, would be heavily involved as well.
The scary part is no one would notice this happening until it was already entrenched, and by then it’s too late.
That wouldn’t be quite a dictatorship, though, would it?? It would be an oligarchy of the new ruling party (somewhat like the communist USSR,) with some jockeying back and forth within the party for who holds the formal and/or true power.
Yes, I’m Chris K and I have no control over my urge to nit-pick 
Or we might ask, what is there to prevent it? The president is Commander-In-Chief of the most powerful military in the world. If he were just to say : Im in charge now, and I’m not leaving what would there be to stop him? In your scenario, we might suppose that the generals and common soldiers act like the judges and voters.
Actually I was thinking of the USSR when I wrote this. I guess it depends on your definition of dictatorship. The scenario I described wouldn’t be a dictatorship in the style of Adolph Hitler or Saddam Hussein or the Taliban. But all the same, freedom of speech would be limited, opposition would be surpressed, what you can watch or read is controlled. Your son’s about to be drafted to fight the coming war against Mexico, so you join an anti-war group. Next thing you know, you’re in prison, the judges will all rule against you, the people won’t rise up on your behalf because for all they know, it’s just a few malcontents being taken off the streets.
I’m not saying this is going to happen. My point is that if America becomes a dictatorship, it will happen slowly.
Nit-picking is good. As the famous quote goes, “I may not like your nit-picking, but I’ll die for your right to nit-pick.” Those aren’t necessarily the exact words, but…
This one should have been somewhere other than GQ originally, as there is not a question that can receive a factual answer.
I chose to move it to Great Debates, as it seems slightly better than going to IMHO.
Moved.
samclem GQ moderator