07/23/16

Why Are Voters So Angry?

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Summer 2016

They want self-government back.

Haunting this year’s presidential contest is the sense that the U.S. government no longer belongs to the people and no longer represents them. And this uneasy feeling is not misplaced. It reflects the real state of affairs.

We have lost the government we learned about in civics class, with its democratic election of representatives to do the voters’ will in framing laws, which the president vows to execute faithfully, unless the Supreme Court rules them unconstitutional. That small government of limited powers that the Founders designed, hedged with checks and balances, hasn’t operated for a century. All its parts still have their old names and appear to be carrying out their old functions. But in fact, a new kind of government has grown up inside the old structure, like those parasites hatched in another organism that grow by eating up their host from within, until the adult creature bursts out of the host’s carcass. This transformation is not an evolution but a usurpation.

What has now largely displaced the Founders’ government is what’s called the Administrative State—a transformation premeditated by its main architect, Woodrow Wilson. The thin-skinned, self-righteous college-professor president, who thought himself enlightened far beyond the citizenry, dismissed the Declaration of Independence’s inalienable rights as so much outmoded “nonsense,” and he rejected the Founders’ clunky constitutional machinery as obsolete. (See “It’s Not Your Founding Fathers’ Republic Any More,” Summer 2014.) What a modern country needed, he said, was a “living constitution” that would keep pace with the fast-changing times by continual, Darwinian adaptation, as he called it, effected by federal courts acting as a permanent constitutional convention. Continue reading

04/25/16

The End of Democracy in America

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Tocqueville foresaw how it would come.
Myron Magnet
Spring 2016

Alexis de Tocqueville was a more prophetic observer of American democracy than even his most ardent admirers appreciate. True, readers have seen clearly what makes his account of American exceptionalism so luminously accurate, and they have grasped the profundity of his critique of American democracy’s shortcomings. What they have missed is his startling clairvoyance about how democracy in America could evolve into what he called “democratic despotism.” That transformation has been in process for decades now, and reversing it is the principal political challenge of our own moment in history. It is implicitly, and should be explicitly, at the center of our upcoming presidential election.
Readers don’t fully credit Tocqueville with being the seer he was for the same reason that, though volume 1 of Democracy in America set cash registers jingling as merrily as Santa’s sleigh bells at its 1835 publication, volume 2, five years later, met a much cooler reception. The falloff, I think, stems from the author’s failure to make plain a key step in his argument between the two tomes—an omission he righted two decades later with the publication of The Old Regime and the French Revolution in 1856. Reading the two books together makes Tocqueville’s argument—and its urgent timeliness—snap into focus with the clarity of revelation.

Alexis de Tocqueville

Alexis de Tocqueville in 1850

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08/7/14

It’s Not Your Founding Fathers’ Republic Any More

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Summer 2014

It’s Not Your Founding Fathers’ Republic Any More
Presidents, Congresses, and courts are creating an elective despotism.

How far have we distorted the Constitution that the Founders gave us, and how much does it matter? A phalanx of recent books warns that we have undermined our fundamental law so recklessly that Americans should worry that government of the people, by the people, and for the people really could perish from the earth. The tomes—Adam Freedman’s engaging The Naked Constitution, Mark R. Levin’s impassioned The Liberty Amendments, Richard A. Epstein’s masterful The Classical Liberal Constitution, and Philip K. Howard’s eloquent and levelheaded The Rule of Nobody (in order of publication)—look at the question from different angles and offer different fixes to it, but all agree that Americans need to take action right now.

Several benighted Supreme Court rulings subverted the Fourteenth Amendment and crushed President Lincoln’s dream of binding up the nation’s Civil War wounds with malice toward none and charity for all.

Several benighted Supreme Court rulings subverted the Fourteenth Amendment and crushed President Lincoln’s dream of binding up the nation’s Civil War wounds with malice toward none and charity for all.


THE GRANGER COLLECTION, NYC

Before we scramble, though, we had better understand just what happened. There’s no single villain. As these books show, all branches of government conspired over more than a century to turn the Constitution that the Framers wrote in 1787, plus the Bill of Rights that James Madison shepherded through the first Congress in 1789 and the Fourteenth Amendment ratified in 1868, into something their authors would neither recognize nor endorse. Continue reading