An accessible if overstuffed work of legal and political history that speaks eloquently to democratic reform.
An account of the evolution of the Constitution, from document to cult object and beyond.
Boston College law professor Rana opens his astute yet dense book with a definition of “creedal constitutionalism,” a fundamentalist adherence to a Constitution that allows a president to be elected despite losing the popular vote; a Senate that awards two seats apiece to even the most thinly populated states; and a Supreme Court that can do such things as eliminate the right to abortion, despite overwhelming popular support for it. The Constitution as we find it today, Rana continues, suffers from “three clear institutional pathologies that feed off each other,” among them the blockage of legislative governance unless the majority party achieves a supermajority, and rule by a minority bloc that privileges white, rural communities in national decision-making. So-called originalists hold that this is all just as it should be. However, Rana argues convincingly that it does not reflect the political or demographic composition of the nation, which is more liberal—and more urban and more ethnically diverse—than its government would suggest. Interestingly, this originalist cult and the de facto worship of the Constitution are relatively modern artifacts, but with widely varying possibilities. During the New Deal era, for example, “for labor groups, commemorating the Bill of Rights became a way of celebrating the freedom of association and freedom of speech guarantees in the First Amendment,” while in the Cold War, it became a kind of litmus test for loyalty. The author closes with the thought that the Constitution must evolve further to “support [the] long-standing effort to build a transformative majority in American society,” one that recognizes how we live and work and redistributes governing authority accordingly.
An accessible if overstuffed work of legal and political history that speaks eloquently to democratic reform.Pub Date: April 16, 2024
ISBN: 9780226350721
Page Count: 784
Publisher: Univ. of Chicago
Review Posted Online: Feb. 9, 2024
Kirkus Reviews Issue: March 15, 2024
Cogent, well-timed ideas for meeting today’s biggest challenges.
Helping liberals get out of their own way.
Klein, a New York Times columnist, and Thompson, an Atlantic staffer, lean to the left, but they aren’t interrogating the usual suspects. Aware that many conservatives have no interest in their opinions, the authors target their own side’s “pathologies.” Why do red states greenlight the kind of renewable energy projects that often languish in blue states? Why does liberal California have the nation’s most severe homelessness and housing affordability crises? One big reason: Liberal leadership has ensnared itself in a web of well-intentioned yet often onerous “goals, standards, and rules.” This “procedural kludge,” partially shaped by lawyers who pioneered a “democracy by lawsuit” strategy in the 1960s, threatens to stymie key breakthroughs. Consider the anti-pollution laws passed after World War II. In the decades since, homeowners’ groups in liberal locales have cited such statutes in lawsuits meant to stop new affordable housing. Today, these laws “block the clean energy projects” required to tackle climate change. Nuclear energy is “inarguably safer” than the fossil fuel variety, but because Washington doesn’t always “properly weigh risk,” it almost never builds new reactors. Meanwhile, technologies that may cure disease or slash the carbon footprint of cement production benefit from government support, but too often the grant process “rewards caution and punishes outsider thinking.” The authors call this style of governing “everything-bagel liberalism,” so named because of its many government mandates. Instead, they envision “a politics of abundance” that would remake travel, work, and health. This won’t happen without “changing the processes that make building and inventing so hard.” It’s time, then, to scrutinize everything from municipal zoning regulations to the paperwork requirements for scientists getting federal funding. The authors’ debut as a duo is very smart and eminently useful.
Cogent, well-timed ideas for meeting today’s biggest challenges.Pub Date: March 18, 2025
ISBN: 9781668023488
Page Count: 320
Publisher: Avid Reader Press
Review Posted Online: Jan. 16, 2025
Kirkus Reviews Issue: Feb. 15, 2025
BOOK REVIEW
PERSPECTIVES
For Howard Zinn, long-time civil rights and anti-war activist, history and ideology have a lot in common. Since he thinks that everything is in someone's interest, the historian—Zinn posits—has to figure out whose interests he or she is defining/defending/reconstructing (hence one of his previous books, The Politics of History). Zinn has no doubts about where he stands in this "people's history": "it is a history disrespectful of governments and respectful of people's movements of resistance." So what we get here, instead of the usual survey of wars, presidents, and institutions, is a survey of the usual rebellions, strikes, and protest movements. Zinn starts out by depicting the arrival of Columbus in North America from the standpoint of the Indians (which amounts to their standpoint as constructed from the observations of the Europeans); and, after easily establishing the cultural disharmony that ensued, he goes on to the importation of slaves into the colonies. Add the laborers and indentured servants that followed, plus women and later immigrants, and you have Zinn's amorphous constituency. To hear Zinn tell it, all anyone did in America at any time was to oppress or be oppressed; and so he obscures as much as his hated mainstream historical foes do—only in Zinn's case there is that absurd presumption that virtually everything that came to pass was the work of ruling-class planning: this amounts to one great indictment for conspiracy. Despite surface similarities, this is not a social history, since we get no sense of the fabric of life. Instead of negating the one-sided histories he detests, Zinn has merely reversed the image; the distortion remains.
Pub Date: Jan. 1, 1979
ISBN: 0061965588
Page Count: 772
Publisher: Harper & Row
Review Posted Online: May 26, 2012
Kirkus Reviews Issue: Jan. 1, 1979
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