Economics, Law, Philosophy, Politics

The Intellectual Foundations of a New Progressive Era?

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This post is the fourth in a series of five considering what the shape of progressive political-economic thought might look like following the neoliberalism of the Reagan Era.

In earlier posts, I introduced the progressive view of markets as government creations, and sketched some of the intellectual history of the idea.

In this post, I would like to note a few distinctive features of this view of markets and how it relates to other economic and political positions.

First, the idea is counterintuitive. The opposition between government and markets is so deeply rooted in our public economic discourse today that it may take some explanation and illustrations to show what is meant by the claim that our markets are government creations. But the idea is no more counterintuitive than Reagan-era claims were at the time of their introduction, such as the slogan that “government is not the solution to our problem; government is the problem.” In addition, the idea has the virtue of being in some sense obviously true. No one can deny — and sophisticated neoliberal theorists like Hayek do not deny — that the functioning of modern economic markets depends on and is shaped by state enforcement of property, contract, corporate, criminal, and many other laws.

Second, the view of markets as government creations, and the legal rules of markets as political choices, frames economic debates in a way that favors progressives but leaves room for conservatives to participate — just as the neoliberal framing of economic debates in terms of a choice between government and the market favored conservatives but left room for progressives to participate. Conservatives in a new progressive era would be free to argue (unappealingly) that we should choose rules for our markets that favor billionaires over working families, because of the merits of wealth accumulation, for example; just as progressives in the neoliberal era have always been free to argue (unappealingly) that high taxes and big government are actually a good thing, because certain parts of the economy are better left to government management.

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Economics, Law, Politics

After Trump: A Progressive Manifesto

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Whether we think of the last four decades in U.S. politics as the Reagan Era or, with an eye to global political-economic trends, as the era of neoliberalism,[1] it is worth considering that the political regime with which we are all familiar may be coming to an end, with the current president as its final unraveling.

A little over a year since the election of Donald Trump, what we have seen is consistent with the theory that his presidency may be a “disjunctive” one. The term comes from the political scientist Stephen Skowronek’s structuralist theory of presidential politics, which suggests that certain presidents — such as John Adams, John Quincy Adams, Franklin Pierce, James Buchanan, Herbert Hoover, and Jimmy Carter — find themselves in an “impossible leadership situation” as “a president affiliated with a set of established commitments that have in the course of events been called into question as failed or irrelevant responses to the problems of the day” (39).

Assuming our democracy survives the next three years — which remains unclear so long as an unwell racist demagogue possesses executive power, supported by a blindly obedient mass following — what might come after the Reagan Era? The continuing global spread of illiberalism, perhaps aided by the rise of a more competent American strongman, is one possibility. But what is the progressive alternative?

What would American progressives like to see replace the collapsing ideology of neoliberalism?

This question has been a driving preoccupation of this blog since I started writing it in 2014. I still find it useful to frame the challenge for progressives in terms of the question I asked in my second post: If a progressive today were to write a book like Milton Friedman’s Capitalism and Freedom, what would it say? In order to lay the intellectual foundations for a new progressive era, progressives should be able to offer what Friedman’s book offered to the Reagan regime: a simple, rhetorically compelling, easily summarized general vision of politics and the economy — alongside a sample of bold policy proposals that embody the general vision and can serve as a focus of practical political action.

It now seems to me that the intellectual foundations for a new progressive era are finally coming into view. In recent years, a growing chorus of progressive voices — from Dean Baker, Robert Reich, Dani Rodrik, and Geoffrey Hodgson, to the legal scholars at the recently launched Law and Political Economy blog — have begun to coalesce around a simple, compelling idea about government and markets. At the risk of oversimplification, the basic thought is something like this:

The economic choice we face today is not, as the last forty years of our politics has suggested, between government and the market. In fact, as a closer look makes clear, markets are created by governments. The rules of our economic markets are established by our government through its laws.

Our markets are government creations, and the rules of our markets are political decisions. It is in our power as a democracy to fix the rules when they are broken.

For the last forty years, we have lived in the illusion that “the free market” means a set of market rules favoring the wealthy and powerful few at the expense of the freedom of the many. But nothing in the nature of markets requires the neoliberal economic policies our government has so often chosen.

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Law, Politics

The Supreme Court, Backlash, and Gene Sharp

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Gene Sharp is a political scientist who wrote a celebrated handbook for carrying out a nonviolent struggle against a repressive regime, From Dictatorship to Democracy. Sharp’s work has been used by activists around the world, from the color revolutions in the former Eastern Bloc to the uprisings in the Arab Spring of 2011.

I’ve never seen anyone connect Sharp’s ideas to the role of the U.S. Supreme Court in American democracy. But it seems to me there is a connection: the importance of backlash.

Like Ghandi and Martin Luther King, Jr., before him, Sharp recognizes the importance of what he calls “political jiu-jitsu,” using nonviolent means to provoke an oppressive (and possibly violent) response from more powerful opponents — which may then cause the powerful opponents to lose support from those who object to the excessive response.

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Politics

Bruce Ackerman and the Reagan Era

A quick note for anyone reading this blog who doesn’t come from a background in the law: these days, if you study American constitutional theory in law school, one of the major writers you’ll inevitably come across is Bruce Ackerman, a professor at Yale Law School. I’m not sure how widely read Ackerman is in political science or American history programs. But in law schools, if you hear the argument that America has gone through a small number of fundamental constitutional transformations—above all, during the Civil War and Reconstruction, and again during the New Deal—chances are the speaker inherited this idea directly or indirectly from Ackerman.

Since my thumbnail sketch of American political history also relied on there having been a fundamental political transformation during the New Deal, my account probably has some of its roots in Ackerman’s work. But based on what I’ve heard, Ackerman would disagree with the idea that the Reagan era represented the same kind of hard-fought, deeply rooted constitutional transformation that took place during Reconstruction and the New Deal. Instead, Ackerman’s latest book—which I haven’t read yet—may suggest that the most recent constitutional transformation took place through the civil rights movement in the 1960s.

It’s probably not worth arguing over, but it seems to me—for the reasons stated in previous posts—that there are a lot of parallels between the political transformations of the New Deal era and of the Reagan era, even if the former were undoubtedly more consequential than the latter. And the Reagan era, as I’ve sketched it, fits well within the basic parameters of Ackerman’s model of constitutional transformation: a challenge to the legitimacy of a previous era’s understanding of the Constitution, a political struggle involving multiple branches of government, a battle for the public’s allegiance, victory by the challenger, and ultimate acquiescence in the transformation by former opponents.

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