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 Rahman sabeel.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 Taking Tea Parties Seriously
|
Wednesday, April 15, 2009
Taking Tea Parties Seriously
JB Today is tax day. Around the country various groups, organizing using new social technology tools, and supported by Fox News and elements of the Republican Party are organizing tea parties to protest government spending and taxation. Glenn Reynolds, writing in the Wall Street Journal, downplays the support of Fox and Republican operatives and plays up the self-motivated, self-organizing, populist character of the protests. Much of the left blogosphere has been working to discredit the tea parties in advance, arguing that their goals are incoherent, that they are Astroturf rather than truly grass roots, and a publicity stunt by Fox News in order to draw higher ratings. Whether or not any of this is true, or even partially true, take Reynolds's description of the movement seriously for a moment. So who's behind the Tax Day tea parties? Ordinary folks who are using the power of the Internet to organize. For a number of years, techno-geeks have been organizing "flash crowds" -- groups of people, coordinated by text or cellphone, who converge on a particular location and then do something silly, like the pillow fights that popped up in 50 cities earlier this month. This is part of a general phenomenon dubbed "Smart Mobs" by Howard Rheingold, author of a book by the same title, in which modern communications and social-networking technologies allow quick coordination among large numbers of people who don't know each other. What can we learn from the tea party movement? First, the tea party movement is using new technology to organize, gather supporters, and advance its public prominence relatively quickly. The movement, whatever you may make of it, has taken only a few months to move from its origins from a general sense of crankiness, fear and malaise into the possible beginnings of something much larger. The size of the movement is still unclear. We don't know how many people will actually show up at the tea party protests. It may be a lot or a little. No doubt there will be considerable controversy on the size and success of the protests in the days to come. Second, one of the lessons of the Dean campaign is that getting people motivated or even organized in the short run, does not necessarily lend itself to sustained, long term support. Support is costly, and long term support is very costly. What the tea parties might do is convince enough people that enough other people think it is worth sacrificing time and effort, a condition of mutual awareness that is a key ingredient in successful mobilizations. Here coverage by Fox News may prove very helpful indeed. So even if one thinks, as Reynolds does, that the tea party movement is largely divorced from the establishment conservative movement and conservative media (a very big assumption), Fox's coverage may be quite important to the eventual success of the movement. Third, it follows from the second point that the tea parties by themselves won't be enough to create a sustained viable political movement. To create such a movement there has to be follow through that causes people to devote more and more of their time to the promotion of the movement and its goals (whatever those goals might be). The Obama campaign improved on the Dean campaign in part because of the nature of its message, in part because of the nature of its the candidate, and in part because the campaign was savvy enough to understand how to get people to contribute just enough so that they felt that they were part of something larger so that a share of them would contribute something more, not merely in monetary terms, but in terms of time and effort and personal sacrifice. Whether the tea parties turn into anything longer lasting can't be determined just yet. It depends on features of the organization and its leadership that we don't know much about. A central viable leadership or a set of leaders who symbolize the movement may emerge, and may be sufficiently charismatic to drive the movement forward. Without such leadership, however, the movement may not proceed to the next step. Fourth, successful mobilizations require their adherents to believe that they are working for something that is inherently good and valuable, so that it is worth spending time and effort supporting it and promoting it to the general public. What the good thing is doesn't have to be entirely clear, and members may disagree among themselves as to what it is. In the long run, the aims of the movement and its goals will have to be made clearer if not more coherent, but this is not required in the initial stages. (Remember that for a very long time during the primaries, Obama's message was summed up in the single word "change." Opponents argued that this was meaningless and incoherent. It turned out that it didn't matter.) Therefore, multiple criticisms from the left wing blogosphere about the incoherence and banality of the message of the Tea Party protests may be accurate but are largely beside the point. The message of the movement now is not entirely clear, and it may not make much sense to outsiders. It is loosely organized around the themes of opposition to TARP and the stimulus bill, the fear that the stimulus and the plans of the Obama Administration will lead to ever higher taxes, and the fear of creeping "socialism." It also includes notions that the Republican Party failed the country because President Bush promoted out of control spending on his own watch (although whether the Iraq War counts as an example is not entirely clear). What the message and its justifications lack in coherence they make up for in emotional upset and a sense of fear, grievance and the unsettling notion that something valuable in America, however indefinable, is being taken away. There is even a little paranoia around the edges. (Perhaps more than a little.) Perhaps the problem is big government, or taxes, or immigration, or socialism, or rumors of FEMA organized concentration camps, or secret DHS surveillance aimed at right wingers, or some combination of all of the above. In this sense, the tea parties are a twenty first century successor to various populist movements of the past, both on the left and the right. These movements often combined genuine grievance with genuine paranoia, deeply felt anger with a tinge of craziness. The grievances of populist movements come from many different sources and many interlocking sets of anxieties; these anxieties and fears help drive them, and the message that they present to the public only coalesces later on. Fifth, although the participants in the tea parties may state that they are not interested in what professional politicians have to say, and are not affiliated with the Republican Party in any way, one cannot take these assertions too seriously. The movement for balanced budgets and term limits during the 1990s was also anti-Washington and anti-professional politician. It was quickly absorbed into the Gingrich revolution, which was supported by and produced any number of professional politicians. Part of the point of the tea party protests is remaking the Republican Party, and as the coverage on Fox News indicates, there are plenty of ambitious people in conservative politics that are only too happy to help the protesters along. The likely trajectory of the tea parties will be as part of a reform and/or purification of the Republican Party along right wing populist lines. No doubt some Republican operatives and politicians will try to ride the anger of this movement to electoral success, while others will wait to see if the movement generates sufficient power and if it does, go along. Right now, at least, it is unlikely that the tea parties will lead to a third party, as Reynolds suggests at the end of his op-ed. Rather, it is more likely that the tea parties will be part of the current debate about the direction of the Republican Party following the elections of 2006 and 2008. They are not the only forces interested in this question; the entire conservative movement and the entire party is engaged in that debate. The tea parties, the people involved with them, and the political energy they generate may become part of a genuine reform movement in the party, no matter how rough hewn and cranky the protests seem right now. Or the energies of the tea parties may be cynically co-opted by politicians and pundits to advance their goals and ambitions. Only time will tell. However, folks on the left should not assume that this is just a flash in the pan, a spasm of unreasoning anger, an Astro turf job merely designed to increase ratings for Fox, or a political stunt. It may not develop into anything, but given the changes in technological methods of organizing, and the obvious need for revitalization of the Republican Party, it may be the beginnings of something much larger. Sixth, and finally, consider the possibility that the tea parties are not an event isolated from the resurgence of a viable liberal politics in America, but its mirror image. Folks on the left understand, or perhaps hope, that significant changes in American politics are afoot, that the Obama Presidency will prove to be transformative in ways that are not even now fully determined. Assume that this is even partially correct. If it is correct, do you seriously believe that there will be no counter mobilizations on the right? Note that this is not simply an argument about the inevitability of political reactions to Obama and the Democratic majority. Times of significant political change produce movements-- or attempts at movements-- on all parts of the political spectrum simultaneously. Some are more powerful than others, and may come to dominate the public's imagination for a time. But the others are present as well and may have important long term effects. (For example, left wing agitation in the 1960s was matched by right wing agitation. The latter was weaker in the 1960s but eventually became stronger.) The dissatisfaction and the desire for change that we saw on the left in the past several years is matched by a dissatisfaction and a desire for change on the right as well. What all sides agree on is that a change must come. What they disagree about is what this change should be. Posted 8:02 AM by JB [link]
|
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 |