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 The Next Reconstructive Presidency
|
Tuesday, January 22, 2008
The Next Reconstructive Presidency
JB
Over at the Washington Post, Eugene Robinson gets what is at stake in the 2008 election-- a reconstructive presidency:
Comments:
If Clinton does win, and does become the reconsructionist president, it would shed some interesting light on the question of individual agency. Part of the Skowronek thesis is that, more than individual characteristics, a president's moment in political time determines his/her warrants for action, due to the reshaping of political coalitions, and the demand for fundamental change. Should Clinton become the reconstructionist, that would lend credence to this theory, particularly for the reasons you give: that she is intimately tied to the Clinton opposition presidency within the Reagan political order. It will give presidential historians fits though, because the temptation will be to lump Hill and Bill together as two of one kind. And it will be difficult for many to see HRC as of a fundamentally different political order than her Husband, in part because she is viable in large measure to the personalistic political network that Bill Clinton put together.
One other point in Obama's favor. Those we consider transformative presidents have had strong rhetorical skills. Hillary has her merits, but Obama's clearly got her beat on this.
Clinton will not win a decisive vicory. There are far too many independents and Republicans who would vote for any Democratic nominee other than her. And there are too many Democrats so soured by Hillary's recent tactics in the past two weeks that they will never vote for her in the general. Her turnout will be low. And if McCain is the nominee, there will be Democrats who defect.
But Obama has set his sights higher, and implicit in his campaign is a promise, or a threat, to eclipse Clinton's accomplishments. Obama doesn't just want to piece together a 50-plus-1 coalition; he wants to forge a new post-partisan consensus that includes "Obama Republicans" -- the equivalent of the Gipper's "Reagan Democrats." You can call that overly ambitious or even naive, but you can't call it timid. Or deferential.
C'mon now. There in no evidence whatsoever that the very liberal Obama attracts any substantial number of center-right GOP voters. None. Indeed, Obama can't get a majority of Dems nevertheless any significant GOP voters. Like McCain, Obama is depending upon a coalition made up of a minority of his own party and independents to take the nomination. This questionable strategy's only hope to get a majority in the general election is if the rest of his own party falls into place. As for the Clintons, they joined the Reagan Coalition back in the 90s. That and Perot siphoning off GOP votes gave them two plurality (not 50+1) victories. In order to be a transformational figure like Roosevelt and Reagan, you need to be arguing for ideas that fundamentally change the current political order. Obama's vapid speeches about change and hope do not offer any transformative ideas. Meanwhile, Mrs. Clinton is part of the post Reagan establishment.
Obama beat Keyes 70 to 27% in the Illinois senate race. Illinois is a Democratic leaning state and Alan Keyes was not a strong challenger, but surely that is *some* evidence of his ability to create "Obama Republicans."
Eugene Robinson obviously does not like Hillary Clinton, and didn't like Bill Clinton when he was President. He should say so, the better to judge his columns, and other things published under and outside of his authority in the WaPo. Bill Clinton had some obvious flaws, nonetheless a restoration of Clintonomics, Clinton Judges, Clinton Department of Justice, and Clinton Foreign Policy doesn't look so bad today.
Let's be honest: the Reagan transofrmation...those Reagan Democrats...were heavily influenced by fear of losing ground to Afircan Americans. (Obama, nor any Democrat, cannot be honest on this but why do you think that all of those blue collar Democrats were persuaded to vote Republican against their economic interests.) Of course Reagen didn't really transform much, except for gaining conservative acceptance of what HW called "Voodoo Economics", basically lowering taxes for the rich and raising spending on all sorts of things. And, of course, making it acceptable to exchanges missles for hostages. Obama may turn out to be a transformative president, and if so I'll be happy for him and for the country. But first he'll have to roll back the damage of the last 7 years. And that will be a huge job, whoever the President.
"Obama may turn out to be a transformative president, and if so I'll be happy for him and for the country. But first he'll have to roll back the damage of the last 7 years."
You seem to tacitly assume that "transformation" has to be for the better. That is not, IMO, a safe assumption. A "transformative" President may change things, but he may change them for the worse.
calvin terbeek said...
Obama beat Keyes 70 to 27% in the Illinois senate race. Illinois is a Democratic leaning state and Alan Keyes was not a strong challenger, but surely that is *some* evidence of his ability to create "Obama Republicans." Keys was not even close to a serious candidate in IL. I would have voted for Obama under those circumstances. If Obama takes the nomination from Clinton, which is probably far less than a 50/50 proposition right now, he will be facing a very serious GOP candidate. A transformative President unites his or her party and brings in new demographics to form a new majority in support of a new set of governing ideas. Obama is not doing any of these things.
Brett says
"You seem to tacitly assume that "transformation" has to be for the better. That is not, IMO, a safe assumption. A "transformative" President may change things, but he may change them for the worse." Brett may well be correct on this. Past reconstructionist presidents include Jefferson, Jackson, Lincoln, Mckinley(!), FDR, and Reagan. There was much to dislike about Jackson, for example, although we might applaud the fact that the electorate expanded by a factor of almost three as a result of his loss in 1824, which led to states removing property qualifications, and thus to universal manhood suffrage. 1896 was arguably a contest between capitalism and democracy . . . and capitalism won. I would find it difficult to celebrate William Jennings Bryan, but there was something lost with his loss . . . even though Theodore Roosevelt captured the nascent progressive sentiment (even while he sought to center it within the Presidency). Republicans in 1896 repudiated bimetalism and championed a gold standard. The gold standard had fostered disinflation for a generation, which helped funnel money from borrows (i.e. farmers) to lenders (i.e. Wall Street). It also contributed to economic stress with each annual harvest. But someone once said, "God Smiles on fools . . . and the United States of American." Gold discoveries in Central and South America at the turn of the century ameliorated the stresses placed on having an inflexible gold standard, inflating the money supply. But perhaps the statement should be amended: "God smiles on fools, and the United States of America . . . until now." Just because fortune smiled on the U.S. before does not mean it will in the future. One might also keep in mind that "better" depends in part on the eye of the beholder. There was, after all, a significant minority appalled at the policies of FDR.
You seem to tacitly assume that "transformation" has to be for the better. That is not, IMO, a safe assumption. A "transformative" President may change things, but he may change them for the worse.
This does seem to be implied in the category. Otherwise we'd change the designations and call presidents like Pierce, Buchanan, and Hoover the "transformatives".
"In order to be a transformational figure like Roosevelt and Reagan, you need to be arguing for ideas that fundamentally change the current political order. Obama's vapid speeches about change and hope do not offer any transformative ideas."
It is to giggle; it is to laugh. Anyone who isn't Bart probably already knows that neither FDR or Reagan ran on "ideas" at all in their initial campaigns. Unless, of course, you mean the ideas of their opponents. FDR ran against the activist government of that well known social engineer, Herbert Hoover. The government had gotten too big and intrusive! We need old fashion business-like administration. Reagan ran by talking about the failure of the Carter administration to "live up to the American dream" and similar hyperboles. He kept his ideas carefully under wraps for all of 1980. What both men DID do, and very effectively indeed, was point to the obvious failures of the party in power then mention pointedly that they and their party had had nothing to do with them. It was after they got into office that we found out what their actual take on policy was. FDR had skimpy majorities in Congress and Reagan only the Senate, but the opposition was so stunned by the turn of events and so unprepared for the truck that suddenly came out of the fog headed at them that the beginnings of a transformative presidency could take place, beginnings cemented in subsequent terms. FDR got more done because he had more time to do it and a second major crisis to deal with, but the scenario was the same in both cases. This, I might add, is why JB is probably right about what Obama is aiming at and what Clinton might. It's what happens after you get in office - something usually determined by the level of rejection of the previous administration - that counts. It took 1932 to get to 1936 and the actual transformation of our politics. If the Democrats win the next election - and it looks like it would take a miracle for them to lose - the shifts that could begin in 2008 could continue on to 2012. That was what Rove was after; he simply misread electoral history in making his calculations. The stage is really set this time, however. Well, we'll see soon enough.
Tracy:
You have a point that FDR did not really know what he wanted to do in 1932, but he ran for reelection three times on his New Deal. You could not be more wrong about Reagan, though. The man had been a public figure speaking about his ideas about smaller government, lower taxes and a tough defense since his days as a spokesman for GE in the 50s. Reagan's televised speech laying out the case for Goldwater in 64 made Reagan a national figure. Finally, Reagan ran two campaigns for President on his ideas in 1976 and 1980. We Reagan revolutionaries in the GOP were converted in 1976 and we knew exactly where Reagan stood. The rest of the country learned in 1980. The rest is history.
tracy Lightcap said:
If the Democrats win the next election - and it looks like it would take a miracle for them to lose Agreed. Except we must not discount the propensity of the Democrats to form a firing squad by getting in a circle.
Bart,
Alan Keyes was certainly not a strong candidate, but Obama still won 70% of the vote. That is a substantial victory. More than that, in the number of primaries held thus far Obama has consistently won more independents and cross-over Republicans than any other Democratic candidate. This would, I think, translate in the general.
CNN ran exit polls in NH where GOP could vote in the Dem contest an vis versa. The crossover was 2-3% each way.
There in no evidence whatsoever that the very liberal Obama attracts any substantial number of center-right GOP voters. None.
Bart's dead wrong again. The number of self-identified Republicans that Obama attracts is heavily dependent on who the GOP nominee is, but Obama does attract a significant number of Republicans against all contenders, and quite a few more than does Hillary Clinton against all but John McCain. Diageo/Hotline Poll, Jan. 10-12, 2008 Obama vs. McCain: 11% of self-identified Republicans chose Obama Clinton vs. McCain: 10% of self-identified Republicans chose Clinton Obama vs. Huckabee: 18% Clinton vs. Huckabee: 11% Obama vs. Romney: 21% Clinton vs. Romney: 10% Obama vs. Giuliani: 18% Clinton vs. Giuliani: 10%
mark:
["Bart"]: There in no evidence whatsoever that the very liberal Obama attracts any substantial number of center-right GOP voters. None. [mark]: Bart's dead wrong again.... [followed by some actual numbers showing just that] Only problem here, Mark, is the language. "Bart" is quite right (in oh so many ways). From where he's sitting, there's probably very few if any "center-right GOP voters" (compared to him at least) that would vote for the "very liberal" ... and Mooslim ... N*gra .... Barak Hussein Osama. Didja hear he's fathered a black kid? It's just a matter of perspective, you know.... Cheers,
Calvin & Co.:
Here is your link. (See page five of the poll breakdown). The polled voters in the NH primary where anyone can vote in either primary. the voters in the Dem primary broke down to 54% Dem, 44% Indi and 3% GOP. Mark: Your Hotline Poll covers registered, not likely voters. a large portion of whom will not vote this fall. When given the opportunity in a real election, actual voters in NH did not cross over.
The polled voters in the NH primary where anyone can vote in either primary. the voters in the Dem primary broke down to 54% Dem, 44% Indi and 3% GOP.
# posted by Bart DePalma : 7:54 PM Baghdad, that doesn't really support your position. You would expect Obama to poll worse among Rightwingnuts when he's facing a whole bunch of them, which is the case in a primary. But in a general election, he only has to face one of them.
"We Reagan revolutionaries in the GOP were converted in 1976 and we knew exactly where Reagan stood. The rest of the country learned in 1980. The rest is history."
My point exactly. No doubt Democratic activists knew that FDR had continued Al Smith's liberal agenda as governor as well. But let's not translate that into the Idea that Reagan ran some sort of ideological jihad in 1980. He called for lower inflation, lower tax burdens, less regulation and bureaucracy, and smaller government; i.e. roughly what Carter ran on in 1976. What drove his campaign, however, was an general rejection of how these ideas worked in the hands of the Carter administration. It was the sense that the Democrats had had their shot and had failed for four years that Reagan played on and very effectively too. His policy proposals were kept WAY to the background and his proposals were generally treated by the electorate that took notice of them (few of those) as a bunch of red meat that he threw at folks like you to keep you on board; "He'll never do anything like that when he gets into power!", some said. But, of course, he did and he hit the ground running to do it. I'm guessing that whoever the Dems get into power (if that happens) would do exactly the same thing in pretty much the opposite direction.
Don’t forget I’m just a girl, standing in front of a boy, asking him to love her.
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 |