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 Is Sanders stupid or simply a coward?
|
Monday, May 23, 2016
Is Sanders stupid or simply a coward?
Sandy Levinson
As readers of my previous posts are well aware, I am extremely critical of Senator Sanders for his abject refusal even to suggest that anyone defining him/herself as a "political revolutionary" might do what, say, Hamilton Madiaon, and Jay did when they denounced the existing constitutional order (of the Articles of Confederation) as "imbecilic" and suggested its replacement by something they saw as far better. His notion of a "political revolution" is remarkably undeveloped, to put it mildly.
Comments:
It is really very excellent,i find all articles was amazing.awesome way to get exert tips from everyone,not only i like that post all peoples like that post,because of all given information was wonderful and it's very helpful for me. dotnet training in Chennai
Thank you for taking the contents to provide us with your valuable information. We strive to provide our candidates with excellent care.As always, we appreciate your confidence and trust in us.Nice post.
Informatica training in chennai
Thank you for taking the time to provide us with your valuable information. We strive to provide our candidates with excellent care.As always, we appreciate your confidence and trust in us.
Java Training in Chennai
Ok, reality check: Regardless of your personal opinion of the Constitution, it is in fact popular. Very popular. Much more popular than actual politicians, or the government that claims to run under it.
Thus, regardless of your opinion of the Constitution, any politician who actually means to get elected must, regardless of their own opinion, too, not attack the Constitution. Sanders might be a classic Marxist. He might be a Fabian Socialist. But he's also a successful politician, and he's not going to deliberately commit political suicide to win the admiration of Constitution hating professors. Not enough votes there. Second, Hamilton found himself in very, very different circumstances than we today occupy. The Articles of Confederation were only a few years old, so nobody was really very attached to them. That they weren't working wasn't a fringe opinion. And the US was a small fish surrounded by big fish, muddling through wasn't an option. So it didn't require as much courage as you imagine to make a break from the Articles. That convention didn't happen because everybody thought things were peachy. Third, this site's anti-robot mechanism is totally not working.
I agree with what Brett's written here. The Constitution is popular, Sanders would be committing political suicide to run against it (although, as Sandy has noted, there are successful politicians on the right, for example Abbott, who call for the Constitution to be overhauled).
But the people calling for it to be overhauled are not advocating this as opposition to the existing Constitution, but instead as a way of repairing damage due to judicial misconstrual.
But that's what lots of people think about their proposed overhauling (those on the left who want to amend the First Amendment think it's necessary to repair the damage done by the decision in Citizen's United, for example).
Sandy:
Have you seen any evidence over the past several years that any of the Democrat leadership takes the Constitution's checks, balances and divisions of power seriously? Because they do not, why should they care about formal constitutional reform to officially eliminate them?
"But that's what lots of people think about their proposed overhauling (those on the left who want to amend the First Amendment think it's necessary to repair the damage done by the decision in Citizen's United, for example)."
Yeah, my point: Even people who don't like some part of the Constitution, 1st amendment protection of political speech, or 2nd amendment protection of gun ownership, are forced to pretend they're defending the Constitution against mistaken interpretations. Even as they attack it they have to make a show of liking it. It's just that popular, you don't dare be seen as opposed to it if you need popular support for your aims. Hatred of our Constitution is a fringe position, and it seems unreasonable to attack Sanders for not cutting his own throat politically. Bart is, of course right, with his point. Why would Sanders want to change a constitution he doesn't intend to obey in any case?
Hasn't Sanders proposed an Amendment to address Citizen's United? That seems like an odd move for someone who 'doesn't intend to obey the Constitution in any case,' in fact it even seems to demonstrate a respect for stare decisis and out constitutional caselaw.
There's no particular conflict between talking about changing the Constitution, and not planning on obeying it anyway.
As we've been discussing, it's politically necessary to make a show of respect for the Constitution, even if you plan on walking all over it.
Nah, I base the assumption that he'd walk all over the Constitution on evidence. And if he's elected and follows it, the argument would be falsified.
That's how predictions are falsified, you know: By not coming true.
The spam is starting right away now. Where's the environmentally friendly weed killer?
With respect, find SL's tone a bit over the top. I don't like when either side does this and the opening titles of the last two posts seem more tabloid fodder than anything else. Realize at this point you are getting tired and depressed at the state of things, but just my .02 here. Sanders believes, correctly in my mind, that to change the country you need to change the political system and build off popular movement from below. You are not going to get "structural change" until the people rally and demand it. Constitutional change factors in here some, but he has done a pretty good job doing what he is doing. And, as a product of the popular movements of the 60s and a guy in his 70s, the fact he is follow an old technique and not thinking about changing the Constitution is not surprising. His efforts also are type to encourage young and not so young people to push for change, some who can do so by constitutional means. Did populists in the late 19th and early 20th Century who merely push for legislative etc. change not help constitutional changes too? Also, yes, it is fairly popular though as Mr. W. notes, he is supportive of an amendment to address campaign finance (though as many have explained, working off the current Constitution can address the same ends, including by examining history, republican values etc.).
The "just click to assert that you're not a robot" filter was never very secure, it only lasted until somebody wrote a script to circumvent it. The image filter is a bit more secure, but probably vulnerable to attack, too, based on compiling a searchable list of images using 3rd world labor.
Yeah, I think Sandy needs to explore getting a prescription for a good tranquilizer, or maybe just a nice wine.
"And if he's elected and follows it, the argument would be falsified."
No, you'd just insist that when he 'follows it' (in your subjective opinion) he was only doing so because of the political necessity of doing so.
I wouldn't much care why he was following it, and the prediction was about his actions, not his motives.
Sandy Levinson's unusual argument for objecting to Bernie Sanders reminds me for some reason of J.R.R. Tolkien's opposition to Hitler in the 1930s. As a conservative Catholic he might well have done so. But as a genuine expert - the expert - on Norse mythology, he knew for a fact that the Nazis were lying about its messages. So he was open to the evidence that they were lying about other things as well.
The irony: Bernie has been a democrat (since 2015) less time than Ben Carson has been a republican (October 31, 2014). To also claim to be an outsider when his steadiest job for 30 years has been in government is breathtaking. Hillary raised $10K for his initial senate bid, he appears a wee bit ungrateful and duplicitous: http://bluenationreview.com/bernie-received-10000-from-hillarys-pac-to-win-senate-seat/.
"Mr. Carson said he grew up a Democrat but switched his party affiliation to Republican in the 1980s after listening to Ronald Reagan."
http://www.washingtontimes.com/news/2014/nov/4/ben-carson-officially-switches-parties-returns-gop/ Not a big fan of the source but I'll take it on face value. Sanders has long been a part of the Democratic coalition in Congress even if he was not a registered Democrat. That does affect his connection to the party but Sanders was more tied to one party in that sense than Carson, who was not a long time working ally of one party. Sanders is an insider in government but has still been a loner there. Also, don't think it "ungrateful" and especially not "duplicitous" to run against someone who some time in the past donated money to your campaign. Politics is about shifting alliances in many ways.
Excellent post!!! Java is most popular and efficient programming language available in the market today. It helps developers to create stunning desktop/web applications loaded with stunning functionalities. Java Course in Chennai | Best JAVA Training in Chennai|JAVA Training
Aw, this was a really nice post. In idea I would like to put in writing like this additionally – taking time and actual effort to make a very good article… but what can I say… I procrastinate alot and by no means seem to get something done. Best Source Best Source Best Source
Post a Comment
|
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 |