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
(Link to the Foreword @HarvLRev: harvardlawreview.org/2020/11/the-de….)
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