Mathias Hong Profile picture
Human Rights & Constitutional Law • Prof. of Public Law (Kehl) (private account; RT≤endorsement) • 2005-2008: law clerk @BVerfG (Fed. Const. Court of Germany)

Nov 28, 2021, 10 tweets

The Harvard L. Rev. Foreword (11/2020) by Klarman seems to be the epic warning against "The Degradation of American Democracy" by a renowned U.S. constitutional law scholar one hoped to read so many more of.

American democracy is declining - and the Court is complicit. 1/7

I haven't read the (apparently 240 p. long!) Foreword yet, but listened to this helpful Podcast-interview by Schleicher/Moyn with Klarman (and Akbar), done shortly after the election: diggingaholepodcast.com/episodes/episo…. 2/

Section I.A "examines the “authoritarian playbook”" I.B "considers President Trump’s authoritarian bent". I.C "describes the state measures that Republicans have enacted to entrench themselves in power". 3/

I.D "explores Republicans’ escalating complicity with President Trump".

"Part II offers explanations for the nation’s current political predicament. Groups that fear becoming perpetual political losers may abandon their commitment to democracy...". 4/

II.A. "examines the role of demographic change, immigration, and increasing racial resentment"; II.B. The Disappearing Christian Majority; II.C. The Rise of the Neo–Ayn Randians; II.D. Economic Inequality. 5/

"II.E explains how these other developments... have produced a politics of asymmetric polarization..., which created a Republican Party no longer strongly committed to democracy and prepared to defend at all costs a President with a strong authoritarian bent." 6/

"Part III examines the Supreme Court’s contributions" - rulings on preclearance, gerrymandering, campaign finance, all made possible by the hallmark of partisan jurisprucence: Bush v. Gore.

(Ely fans among conservative legal scholars, where art thou?) 7/

"Part IV briefly considers how to bolster American democracy" - and how this is "an uphill battle" (because, see above). 8/

Jan. 6 happened even after this was written.

Don't scholars "right and left" - if they want to remain *scholars*, commited to the search for truth and to democratic self-governance - have to agree by now that an autocratic assault on American democracy is underway ? 9/9

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