Jack Balkin, a professor at Yale Law School, recently posted a new article that dovetails with some of this blog’s recent posts on the current state of the American political system. The abstract:
Today, America’s political system seems remarkably dysfunctional. Many people believe that our 225-year-old Constitution is the problem. But what looks like constitutional dysfunction is actually constitutional transition, a slow and often frustrating movement from an older constitutional regime to a new one.
Americans last experienced this sense of dysfunction during the late 1970s and early 1980s – the “last days of disco.” The New Deal/Civil Rights regime had gradually fallen apart and was replaced by a new constitutional order – the conservative regime in which we have been living for the past three decades. By 1984, few people argued that the country was ungovernable, even if they didn’t like President Reagan’s policies.
In the same way, our current dysfunction marks the end of the existing constitutional regime and the beginning of a new one. This new regime may be dominated by the ascendant Democratic coalition of young people, minorities, women, city dwellers and professionals that elected Barack Obama in 2008 and 2012. Or insurgent populists associated with the Tea Party may revive the decaying Republican coalition and give it a second wind. As of yet, neither side has been able to achieve a successful transition, leading to the current sense of frustration.
There’s an interesting asymmetry between the two possible political futures that Balkin highlights. One is defined by demographics (Obama’s coalition), the other by ideology (Tea Party-style populism). This fits with my sense, articulated in previous posts, that Obama has failed to articulate an ideology that could displace the “small government” vision of the Reagan era. Obama is not a transformative president in that sense. He has a newly coalescing electoral coalition, but no vision of government to coalesce around—other than opposition to the Reagan era vision. And nothing new has come from the right to displace the Reagan era vision either: the Tea Party continues to rally around the idea of small government as the source of freedom.
All of this is why I would like to see the American left move beyond the Reagan era and come up with a new vision of government backed by concrete projects—whether like this one, and backed by projects like this, or based on some other set of guiding principles. The demographic soil for a new era in American politics has been tilled, but no one seems to have ideological seeds on hand.
The rest of Balkin’s abstract after the jump…