Misunderstanding State and Nation in the Constitution

Following up on the most recent posts by Greg and Ben, let me highlight a book by my Texas Law colleague, Calvin Johnson, Righteous Anger at the Wicked States. Calvin’s book underscores Ben’s point that the federalists, including Madison at the convention and during ratification, were very much nationalists — just as the Anti-Federalists claimed. The concessions to the states were grudging and reluctant and, as Herbert Storing argued, did not actually represent the states qua states. The Anti-Federalists understood this well, pointed it out repeatedly, and it was the main reason they opposed the Constitution. Why did it come … Continue reading Misunderstanding State and Nation in the Constitution

A New Constitution for the United States

Democracy: A Journal of Ideas today published a new draft constitution for the United States. Editor Michael Tomasky describes this special symposium as “probably the most ambitious project ever undertaken by this journal.” This was an extraordinary endeavor that brought together legal academics, political scientists and some journalists to return to the fundamentals and rethink the American political order and the role the present Constitution plays in generating or enhancing the political pathologies now gripping the United States. I was one of the 55 delegates to this drafting convention that spent the last year deliberating — and I have an … Continue reading A New Constitution for the United States

New America Statement of Concern

Given the stakes and high pitched tone of politics for the last five years, and the pandemic, I know many Americans are tired of the relentless drumbeat of political news and opinion. I feel that way myself. But it is in precisely circumstances like the present that the American constitutional order is in greatest danger. I added my signature to those of many others who study democracies for a living to warn our fellow citizens of just how perilous our present condition is today. Here is our Statement of Concern. Continue reading New America Statement of Concern

Commission and Corruption

Amanda Carpenter has a terrific piece today at The Bulwark laying out the reasons that compel the need for a January 6 Commission to comprehensively review and assess the insurrection at the Capitol. George Thomas recently began a conversation on this topic here at The Constitutionalist. The House is voting today on a bill to establish this commission. It was crafted in a truly bi-partisan fashion by the House Homeland Security Committee, modeled on the body formed to investigate the 9/11 attacks. When the January 6 commission was initially discussed, the tentative plan was to model the commission on the … Continue reading Commission and Corruption

Canceling the Classics

“The Western canon is, more than anything, a conversation among great thinkers over generations that grows richer the more we add our own voices and the excellence of voices from Africa, Asia, Latin America and everywhere else in the world. We should never cancel voices in this conversation, whether that voice is Homer or students at Howard University. For this is no ordinary discussion. The Western canon is an extended dialogue among the crème de la crème of our civilization about the most fundamental questions. It is about asking “What kind of creatures are we?” no matter what context we … Continue reading Canceling the Classics

Profound Weakness

I respectfully disagree with my thoughtful colleague, Greg Weiner, who just posted praise and elaboration for a recent piece by Matt Bai on the purported dilemma that faced Dr. Deborah Birx when she led the pandemic response for President Trump. She is described as wrestling with the problem of working for an incompetent and self-centered president while trying to advance public health and the common good. Her failure to tell the truth to the American people and to resign when sidelined by the president are depicted as a lack of prudence. That is undoubtedly true, but also so tame and … Continue reading Profound Weakness

Anarchy As Absence of Office

Melissa Lane at Princeton has written an insightful article explaining how the idea of anarchy better explains Donald Trump, and some of his followers, than do the notions of tyranny or autocracy. Anarchy captures the absence of office even while Trump was putatively the president. Lane also connects this idea to the phenomenon of democratic decay in ancient political thought. Continue reading Anarchy As Absence of Office

Academic Freedom

Academic freedom for university and college faculty has been a concern and a problem for the past century. In recent years this continuing problem has been met with less resistance from professional organizations and societies than in the past. Faculty who are demoted or fired for expressing controversial views face daunting legal as well as social and political challenges. Keith Whittington, a Professor of Politics at Princeton, and author of an important recent book on free speech, Speak Freely: Why Universities Must Defend Free Speech, has formed a new organization to fill the institutional void. I am honored to be … Continue reading Academic Freedom