Wednesday, December 11, 2019

Constitutional crisis?

A short editorial in The Atlantic (https://getpocket.com/explore/item/the-threat-of-tribalism) speaks in praise of the Constitution and warns ominously of threats posed to it by hyper-partisanship on both the left and the right. Not to be too dismissive of some legitimate points it makes, but I think it woefully fails to acknowledge that the threats it cites are surely related in no small measure to our government's stunning deficit of responsiveness to the concerns and opinions of large supermajorities of the population, as amply demonstrated in exhaustive statistical analysis of real datasets regarding policy outcomes spanning decades (cf: Gilens, "Affluence and Influence").

The naturally resulting frustrations that build up from such a deficit get channeled into forms of demagogic pseudo-populism that are more symptoms than causes of the basic loss of confidence in constitutional institutions that the article bemoans. And, certainly, that deficit is itself in no small part structural and constitutional (eg, lifetime Supreme Court appointments, the extreme disproportion of both Senate AND House delegations, the Electoral College, etc), all of which are only becoming more severely problematic with every passing year, as the population becomes more diverse and urbanized.

Notably missing from the (admittedly probably necessarily brief) opinion piece: any mention of the words "neoliberalism" or "corporate personhood", nor any to the evisceration of any principles of local self-determination, as a result of doctrines like Dillon's Rule, and rampant preemptions imposed on elected governments across the board, at both the federal and state levels, nor to the extreme pro-corporate, pro-oligarchic interpretation of the Commerce Clause, nor to rulings like Citizen's United, etc. Instead, the authors come across more as issuing a finger wagging reproach to a sort of "ignorant rabble" of ingrates who are causing trouble, as opposed to a more thoughtful parsing of the causes of the crisis they (legitimately) warn us about.