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Balkinization
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Friday, May 06, 2011
David Brooks gets nostalgic for the 18th century
Sandy Levinson
David Brooks continues to be perhaps the most vexing of the NYTimes's columnists. He is clearly smart and often quite interesting. But, with regularity, he writes columns whose flaws seem obvious. So consider his column in today's Times, in which he basically laments the collapse of the Federalist Party in the 1800 election. That is, he beleives that the United States is (or ought to be) a "republic," very definitely not a "democracy." (No doubt he would regard it as a strength of the United States Constitution that it is "undemocratic.") As Gordon Wood points out in his magisterial Oxford history of the United States between 1789-1815, the Federalists (like, for that matter, most of those who framed the Constitution) decidedly mistrusted the masses and wished for leadership by elites who could be counted on to identify and then to act on "the public interest" instead of crasser interests (such as the preferences of their unenlightened constituents, who were expected to defer to their betters rather than prefer officeholders who took constituents' views all that seriously).
Comments:
Nonsense. Elitism is alive and well. Why do you think you are the only one at Balkinization who takes comments from the peanut gallery? :)
But I would still rather hear your views on Garrett Epps' theory on the debt limit.
I'd have to agree with mls that elitism is very much the order of today's society. In fact, the real threat we face (IMHO) is from oligarchy, not an overabundance of democracy, much less meritocracy.
Mis,
I think that's the point (re elitism). David Brooks is, in my opinion, deeply divorced from the reality of our current society. However, so is the political and social elite of this country. That's why he gets prime real estate for his ramblings. The reality is that we have an oligarchy that is using democracy against "the rabble." Both parties are captured by the oligarchy and merely use democratic forms to retain power.
There were a few unseemly flaws in the country's founding; and the substrate dependence on elitist input is one such. I compare that sort of contradiction to something in law like the evidence rules for grand juries, which bodies have been known to incarcerate recalcitrant journalists.
It our time, the elites are meeting internet. Times are changing, slowly. Sometimes less slowly.
I agree that Brooks is indulging in fantasy, but I wonder why a law professor bothers to engage with newspaper columns when the same fantasy of elite rule is so pervasive in the legal academy. (Insert something about motes and planks.) In the academy, undemocratic sentiment usually takes the form of a belief that "basic human rights cannot be made subject to majority vote," i.e., abortion and gay marriage must be made legal by the courts, since the masses are too benighted to support these things by themselves.
As Prof. Levinson notes, judicial decisions of this nature don't attain much legitimacy in our current culture.
Jack Rakove's "Original Meanings - Politics and Ideas in the Making of the Constitution" includes Chapter VII "Federalism" and Chapter VIII "The Mirror of Representation" that David Brooks might not have read or understood in writing his column as there was no uniformity on republicanism on the part of the Framers/Founders, even among Federalists.
When I read a column like Brooks', I think of C. Wright Mills' "The Power Elite." I wonder what Mills would say about the current financial/economic situation with Republicans uninterested in reform that just might protect consumers from the excesses laid upon us in the 2008 Bush/Cheney Great Recession. As for Brooks, it should be kept in mind that his career as a pundit resulted from his criticism of Bill Buckley, as a result of which Brooks was hired by Buckley, didn't change Buckley's thinking, but his own. Hmm. Making lemonade?
Paul Krugman's column in today's NYTimes (5/9/11) "The Unwisdom of Elites" does not mention David Brooks and the latter's column that is the subject of this post. But those of us who follow Krugman's blog at the NYTimes are aware that he is not reluctant to criticize his fellow columnist by name.
Brooks' column can be summed up by two famous quotes:
“When the people find that they can vote themselves money, that will herald the end of the republic.” - Ben Franklin “The problem with socialism is that you eventually run out of other people’s money.” - Maggie Thatcher
The portion of Maggie's quote " ... other people' money ... " brings to mind Louis Brandeis' "Other People's Money and What Bankers Do With It" thinking back to the 2008 Bush/Cheney Great Recession. Paul Krugman in his NYTimes column yesterday "The Unwisdom of Elites" points to the fault of the elites rather than the masses. Keith Olberman' "Lotto Nation" yesterday points to why many of the poor are sucked into approving tax and other policies that are against their interests.
So I rather doubt that our yodeler's "marriage of Ben and Maggie" quotes sums up David Brooks' column. Ben was said to be sort of a womanizer, but I doubt that Maggie would have earned a second look from him.
I'm not sure what it is about Tea Partiers that makes them go around repeating fictional quotes from the Founding Fathers.
Kudos for having the guts to quote good old Karl Marx! Where he's right, he's right! Pity that that (being right) was comparatively rare with Karl & Friedrich!
Post a Comment
What the concept of elites and enlightened republicanism misunderstands is that conflict in society is the rule - and not the exception. Incidentally, that's where I differ from Marx: He thought once the proletariat ruled, conflict would cease to exist. There is no one best solution the enlightened only are empowered to detect. The peaceful resolution of such conflicts between warring factions is the constant challenge of a community that is to thrive, and doing so by democratic means to me is the only viable way of communal life. However, democracy doesn't mean the "tyrrany of the majority" under all circumstances. You must excuse me for ceding to the enlightened courts the role of protecting unalienable minority and individual rights.
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Books by Balkinization Bloggers
Sanford Levinson, Framed: America's 51 Constitutions and the Crisis of Governance (Oxford 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)
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