Balkinization   |
Balkinization
Balkinization Symposiums: A Continuing List                                                                E-mail: Jack Balkin: jackbalkin at yahoo.com Bruce Ackerman bruce.ackerman at yale.edu Ian Ayres ian.ayres at yale.edu Corey Brettschneider corey_brettschneider at brown.edu Mary Dudziak mary.l.dudziak at emory.edu Joey Fishkin joey.fishkin at gmail.com Heather Gerken heather.gerken at yale.edu Abbe Gluck abbe.gluck at yale.edu Mark Graber mgraber at law.umaryland.edu Stephen Griffin sgriffin at tulane.edu Jonathan Hafetz jonathan.hafetz at shu.edu Jeremy Kessler jkessler at law.columbia.edu Andrew Koppelman akoppelman at law.northwestern.edu Marty Lederman msl46 at law.georgetown.edu Sanford Levinson slevinson at law.utexas.edu David Luban david.luban at gmail.com Gerard Magliocca gmaglioc at iupui.edu Jason Mazzone mazzonej at illinois.edu Linda McClain lmcclain at bu.edu John Mikhail mikhail at law.georgetown.edu Frank Pasquale pasquale.frank at gmail.com Nate Persily npersily at gmail.com Michael Stokes Paulsen michaelstokespaulsen at gmail.com Deborah Pearlstein dpearlst at yu.edu Rick Pildes rick.pildes at nyu.edu David Pozen dpozen at law.columbia.edu Richard Primus raprimus at umich.edu K. Sabeel Rahmansabeel.rahman at brooklaw.edu Alice Ristroph alice.ristroph at shu.edu Neil Siegel siegel at law.duke.edu David Super david.super at law.georgetown.edu Brian Tamanaha btamanaha at wulaw.wustl.edu Nelson Tebbe nelson.tebbe at brooklaw.edu Mark Tushnet mtushnet at law.harvard.edu Adam Winkler winkler at ucla.edu Compendium of posts on Hobby Lobby and related cases The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC The Anti-Torture Memos (arranged by topic) Recent Posts Fake Centrism/Bipartisanship
|
Monday, December 31, 2007
Fake Centrism/Bipartisanship
Mark Graber
One would think from the recent excitement over the possibility of a bipartisan political movement that Hillary Clinton was running on a platform calling for confiscation of corporate property, reestablishment of the moderately progressive tax structure of the 1970s, the return of all American troops from abroad, the abolition of capital punishment, and (heaven forbid), gay marriage. With the exception of a stray remark by John Edwards, Democrats polling more than 10% continue to run to the right of Richard Nixon. Indeed, judging by their legislative activity this year, the Democrats as a whole have almost no ambition to push any program that is substantially to the left of center. The real issue ought to be why some journalists are so excited about the possibility of a third party that might take a middle position between the party clearly to right of the electorate and the party that on its best day sometimes lurches very slightly to the left.
Comments:
The Republican problem with polarization is that the Republican party has moved so far to the right that the likelihood is high that Democrats after the 2008 election will control all three elected branches of the national government and that such control may prove durable.
Wait -- the federal judiciary is "elected" now? Must be that new, "improved" Bushco Constitution you're reading.
That threw me for a loop, too. I assume he's mistakenly referring to the House and Senate as separate "branches" of government, when all they are is the two houses of a single bicameral branch.
I agree with Mark that the Oklahoma gathering is in fact right-of-center in its membership, save for Gary Hart. There is no reason at all for political liberals to embrace a movement spearheaded by any group that includes John Danforth. But this is somewhat beside the point with regard to my critique of their inability (or unwillingness) to connect the dots and to realize that their critique of contemporary American politics must, at some point, move on to the Constitution that constitutes the increasingly toxic nutrients within which our polity operates.
As for Garth's point, my own proposal to pick delegates to a new constitutional convention by a lottery system means that it will not be subject to control by the (long since terminated) Bush Administration or by any other demonized group (and members of this list have quite different demons in mind).
Here are some thoughts from Krugman:
http://www.slate.com/id/2180178/ "I like to remind people who long for bipartisanship that FDR's drive to create Social Security was as divisive as Bush's attempt to dismantle it. And we got Social Security because FDR wasn't afraid of division. In his great Madison Square Garden speech, he declared of the forces of "organized money": "Never before in all our history have these forces been so united against one candidate as they stand today. They are unanimous in their hate for me—and I welcome their hatred.""
I think Sandy's observation that the Oklahoma groups's "critique of contemporary American politics must, at some point, move on to the Constitution that constitutes the increasingly toxic nutrients within which our polity operates" depends on just what their real complaint is with contemporary American politics. If their complaint actually is that there are structural impediments to any coherent legislative program, whether that program be of the right, middle or center, than they have to move to Sandy's position and start jettisoning major chunks of the constitution. If, however, their complaint is that we may actually be governed by a center (dare I say center-left coalition) coalition after 2008, despite all the unique barriers the constitution imposes against progressive politics, then the proper strategy is minimize the damage in this time period and maintain the constitution. If think the latter is the complaint (we did not have a whole lot of complaints in 2002 about the constitution obstructing a coherent conservative program).
As I hope to suggest in a longer post, perhaps on Sandy's blog, I am coming to the conclusion that constitutional reform may be a good idea, but only constitutional reform spearheaded by a successful progressive coalition. The first goal of any person with Sandy (and my) values ought to be to secure the election of a more progressive coalition under the present (admittedly biased) rules against such coalitions, and then figure out when in power how to fashion a fairer constitutional order.
The Polarity Lens may not reveal that conservatives and progressives, as the Right to Left spectrum likes to describe it, is both repugnant, and a return to authentic liberalism is the desire of most Americans, socially liberal, economically conservative, and prudent. Listening to Pelosi or Frank compared to Brownback or Huckabee only illustrates a polarity extremists desire, but not the great masses of liberals who find both repugnant.
the gay species said...
The Polarity Lens may not reveal that conservatives and progressives, as the Right to Left spectrum likes to describe it, is both repugnant, and a return to authentic liberalism is the desire of most Americans, socially liberal, economically conservative, and prudent. Listening to Pelosi or Frank compared to Brownback or Huckabee only illustrates a polarity extremists desire, but not the great masses of liberals who find both repugnant. You seem to be describing classical liberals. Authentic classical liberalism of the American variety is based on free markets, free minds and a muscular foreign policy. Unfortunately, I do not kid myself that those of us who believe in this ideology are a majority. While Reagan cobbled together a solid majority which share parts of this philosophy, only maybe 20% of the electorate share them all. (See Pew's Enterprisers and Upbeats). I do not see anyone running who shares all of these values.
Mark:
A narrow GOP majority shifting to a narrow Dem majority in 2006 has nothing at all to do with the GOP shifting too far to the right. Quite to the contrary, the GOP got corrupt after a decade in power and spent like drunken Dems. A couple dozen hand picked Dems ran in GOP districts as center right candidates who would clean up the corruption, while Pelosi and Reid literally hid from the press in the two weeks leading up to the 2006 election. Classic 6th year election, not a realignment. Although the brand name has changed and the leadership is now solidly left, the membership is still majority center right. The seventy or so conservative Dems have a much easier time crossing the aisle to vote right than the small handful of surviving moderate GOP has voting left because the electorate is still center right and those members have to run for re-election.
Baghdad, party affiliation polls show that Americans are moving from the Republican to the Democrat party. That would indicate that you're full of crap. The Republican party has become the party of rightwingnut lunatics.
The principals in this bipartisan, third party movement may be dreaming of once again being part of the power elite as their wicks have thrown off little light in recent years as they have waxed and waned. They might be compared to the over the hill gang features of the entertainment industry. Were Boren and/or Nunn even close to being liberal? Isn't the middle of the road where the horses drop their business? Ah, we all yearn for the good old days, except when we think about the good old days they might not have been so good, at least for many of us.
Will Rogers said it well many years ago: "I am not a member of any organized political party. I am a Democrat." Maybe it is time to get organized.
It appears that it only took one year of Dem control of Congress to reverse all of the Dems' 2006 gains in party identification. The differential between GOP and Dem party identification now is actually slightly better than it was leading up to the 2004 election.
This suggests that 2006 was in fact a classic 6th year election with opposition gains based on voter fatigue with the majority party. The question is whether 2008 will be the classic post administration rebound election for the majority party.
It appears that it only took one year of Dem control of Congress to reverse all of the Dems' 2006 gains in party identification. The differential between GOP and Dem party identification now is actually slightly better than it was leading up to the 2004 election.
This is only one datum in a year of bad news for the Republicans. Unexplained is the reason for pretty much an unprecedented 2 point jump. It sticks out like a sore thumb. And this is only one polling organisation. Let's see what next month's data shows.... Cheers,
black friday
michael kors outlet store canada goose coats oakley sunglasses wholesale coach outlet store lacoste polo nba jerseys wholesale true religion outlet michael kors outlet store north face jackets ferragamo outlet north face jackets karen millen dresses wedding dresses louis vuitton louis vuitton handbags outlet store kobe 9 elite belstaff jackets juicy couture sale louis vuitton outlet cheng1209
It's a very dangerous state. You are inclined to recklessness and kind of tune out the rest of your life and everything that's been important to you. It's actually not all that pleasurable. I don't know who the hell wants to get in a situation where you can't bear an hour without somebody's company.
Post a Comment
Agen Judi Online Terpercaya
|
Books by Balkinization Bloggers Linda C. McClain and Aziza Ahmed, The Routledge Companion to Gender and COVID-19 (Routledge, 2024) David Pozen, The Constitution of the War on Drugs (Oxford University Press, 2024) Jack M. Balkin, Memory and Authority: The Uses of History in Constitutional Interpretation (Yale University Press, 2024) Mark A. Graber, Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform after the Civil War (University of Kansas Press, 2023) Jack M. Balkin, What Roe v. Wade Should Have Said: The Nation's Top Legal Experts Rewrite America's Most Controversial Decision - Revised Edition (NYU Press, 2023) Andrew Koppelman, Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed (St. Martin’s Press, 2022) Gerard N. Magliocca, Washington's Heir: The Life of Justice Bushrod Washington (Oxford University Press, 2022) Joseph Fishkin and William E. Forbath, The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard University Press, 2022) Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021). Mark Philip Bradley and Mary L. Dudziak, eds., Making the Forever War: Marilyn B. Young on the Culture and Politics of American Militarism Culture and Politics in the Cold War and Beyond (University of Massachusetts Press, 2021). Jack M. Balkin, What Obergefell v. Hodges Should Have Said: The Nation's Top Legal Experts Rewrite America's Same-Sex Marriage Decision (Yale University Press, 2020) Frank Pasquale, New Laws of Robotics: Defending Human Expertise in the Age of AI (Belknap Press, 2020) Jack M. Balkin, The Cycles of Constitutional Time (Oxford University Press, 2020) Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020). Andrew Koppelman, Gay Rights vs. Religious Liberty?: The Unnecessary Conflict (Oxford University Press, 2020) Ezekiel J Emanuel and Abbe R. Gluck, The Trillion Dollar Revolution: How the Affordable Care Act Transformed Politics, Law, and Health Care in America (PublicAffairs, 2020) Linda C. McClain, Who's the Bigot?: Learning from Conflicts over Marriage and Civil Rights Law (Oxford University Press, 2020) Sanford Levinson and Jack M. Balkin, Democracy and Dysfunction (University of Chicago Press, 2019) Sanford Levinson, Written in Stone: Public Monuments in Changing Societies (Duke University Press 2018) Mark A. Graber, Sanford Levinson, and Mark Tushnet, eds., Constitutional Democracy in Crisis? (Oxford University Press 2018) Gerard Magliocca, The Heart of the Constitution: How the Bill of Rights became the Bill of Rights (Oxford University Press, 2018) Cynthia Levinson and Sanford Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws that Affect Us Today (Peachtree Publishers, 2017) Brian Z. Tamanaha, A Realistic Theory of Law (Cambridge University Press 2017) Sanford Levinson, Nullification and Secession in Modern Constitutional Thought (University Press of Kansas 2016) Sanford Levinson, An Argument Open to All: Reading The Federalist in the 21st Century (Yale University Press 2015) Stephen M. Griffin, Broken Trust: Dysfunctional Government and Constitutional Reform (University Press of Kansas, 2015) Frank Pasquale, The Black Box Society: The Secret Algorithms That Control Money and Information (Harvard University Press, 2015) Bruce Ackerman, We the People, Volume 3: The Civil Rights Revolution (Harvard University Press, 2014) Balkinization Symposium on We the People, Volume 3: The Civil Rights Revolution Joseph Fishkin, Bottlenecks: A New Theory of Equal Opportunity (Oxford University Press, 2014) Mark A. Graber, A New Introduction to American Constitutionalism (Oxford University Press, 2013) John Mikhail, Elements of Moral Cognition: Rawls' Linguistic Analogy and the Cognitive Science of Moral and Legal Judgment (Cambridge University Press, 2013) Gerard N. Magliocca, American Founding Son: John Bingham and the Invention of the Fourteenth Amendment (New York University Press, 2013) Stephen M. Griffin, Long Wars and the Constitution (Harvard University Press, 2013) Andrew Koppelman, The Tough Luck Constitution and the Assault on Health Care Reform (Oxford University Press, 2013) James E. Fleming and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013) Balkinization Symposium on Ordered Liberty: Rights, Responsibilities, and Virtues Andrew Koppelman, Defending American Religious Neutrality (Harvard University Press, 2013) Brian Z. Tamanaha, Failing Law Schools (University of Chicago Press, 2012) Sanford Levinson, Framed: America's 51 Constitutions and the Crisis of Governance (Oxford University Press, 2012) Linda C. McClain and Joanna L. Grossman, Gender Equality: Dimensions of Women's Equal Citizenship (Cambridge University Press, 2012) Mary Dudziak, War Time: An Idea, Its History, Its Consequences (Oxford University Press, 2012) Jack M. Balkin, Living Originalism (Harvard University Press, 2011) Jason Mazzone, Copyfraud and Other Abuses of Intellectual Property Law (Stanford University Press, 2011) Richard W. Garnett and Andrew Koppelman, First Amendment Stories, (Foundation Press 2011) Jack M. Balkin, Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press, 2011) Gerard Magliocca, The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash (Yale University Press, 2011) Bernard Harcourt, The Illusion of Free Markets: Punishment and the Myth of Natural Order (Harvard University Press, 2010) Bruce Ackerman, The Decline and Fall of the American Republic (Harvard University Press, 2010) Balkinization Symposium on The Decline and Fall of the American Republic Ian Ayres. Carrots and Sticks: Unlock the Power of Incentives to Get Things Done (Bantam Books, 2010) Mark Tushnet, Why the Constitution Matters (Yale University Press 2010) Ian Ayres and Barry Nalebuff: Lifecycle Investing: A New, Safe, and Audacious Way to Improve the Performance of Your Retirement Portfolio (Basic Books, 2010) Jack M. Balkin, The Laws of Change: I Ching and the Philosophy of Life (2d Edition, Sybil Creek Press 2009) Brian Z. Tamanaha, Beyond the Formalist-Realist Divide: The Role of Politics in Judging (Princeton University Press 2009) Andrew Koppelman and Tobias Barrington Wolff, A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association (Yale University Press 2009) Jack M. Balkin and Reva B. Siegel, The Constitution in 2020 (Oxford University Press 2009) Heather K. Gerken, The Democracy Index: Why Our Election System Is Failing and How to Fix It (Princeton University Press 2009) Mary Dudziak, Exporting American Dreams: Thurgood Marshall's African Journey (Oxford University Press 2008) David Luban, Legal Ethics and Human Dignity (Cambridge Univ. Press 2007) Ian Ayres, Super Crunchers: Why Thinking-By-Numbers is the New Way to be Smart (Bantam 2007) Jack M. Balkin, James Grimmelmann, Eddan Katz, Nimrod Kozlovski, Shlomit Wagman and Tal Zarsky, eds., Cybercrime: Digital Cops in a Networked Environment (N.Y.U. Press 2007) Jack M. Balkin and Beth Simone Noveck, The State of Play: Law, Games, and Virtual Worlds (N.Y.U. Press 2006) Andrew Koppelman, Same Sex, Different States: When Same-Sex Marriages Cross State Lines (Yale University Press 2006) Brian Tamanaha, Law as a Means to an End (Cambridge University Press 2006) Sanford Levinson, Our Undemocratic Constitution (Oxford University Press 2006) Mark Graber, Dred Scott and the Problem of Constitutional Evil (Cambridge University Press 2006) Jack M. Balkin, ed., What Roe v. Wade Should Have Said (N.Y.U. Press 2005) Sanford Levinson, ed., Torture: A Collection (Oxford University Press 2004) Balkin.com homepage Bibliography Conlaw.net Cultural Software Writings Opeds The Information Society Project BrownvBoard.com Useful Links Syllabi and Exams |