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
I had a very interesting conversation today with a friend who is a genuinely conservative Republican; he pronounced himself disgusted with the House and in fact denounced them collectively as "traitors" for their insouciant willingness to risk the full faith and credit of the United States in a petulant gesture of defiance. I remonstrated that surely some members of the House actually believe their own arguments and believe that they are acting to save the country. I think they are utterly wrong, but that is different from denouncing them as traitors. My own preference, of course, is to denounce a constitutional system that gives this minority such an excess of power in our government.
However, no such kindness is due Speaker of the House John Boehner, who cannot possibly believe that a government default is a remotely good idea. He is a complete and utter coward (and liar) who refuses to bring to the floor legislation that could easily pass (with 200 Democratic and 18 Republican votes) and avert what increasingly appears to be a likely catastrophe (that will begin with yet another drop in the US credit rating because of the banana-republic-like instability of our political order). He is more truly contemptible even than the junior Senator from Texas, who is, as Jack Balkin has argued, a combination of Lenin, Joe McCarthy, and Huey Long, without the slightest trace of loyalty to the institutional Republican Party. Indeed, from his perspective, they're almost all Mensheviks, and he is leading the Bolshevik wing that will take over apres le deluge. Boehner has no excuses at all; he is neither a principled politician nor building a new political career that depends on the destruction of the Republican Party. He is simply a weak, cowardly, pathetic man. Perhaps we should compare him to James Buchanan, but I suspect that Buchanan genuinely believed, perhaps even for good reason, that he was without power to prevent secession. There should be special circle in political hell reserved for Boehner.
Frankly, I see no point in opening this for comment. I'm not interested in a debate about whether default would/will "really" be catastrophic or even whether it would be less catastrophic than raising the debt ceiling. My argument is totally different, that John Boehner is perhaps the "ideal-type" anti-Madisonian political figure, wholly and completely without any demonstrated interest in the "public good" and seemingly interested exclusively in hanging on to the prerogatives of being Speaker of the House.