Liberals Need a Clearer Vision of the Constitution. Here’s What It Could Look Like.
The Ezra Klein Show5 Heinä 2022

Liberals Need a Clearer Vision of the Constitution. Here’s What It Could Look Like.

For decades now, the conservative legal movement has been on a mission to remake this nation’s laws from the bench. And it’s working. On Friday we released an episode with the legal scholar Kate Shaw that walked through case after case showing how conservative Supreme Court majorities have lurched this country’s laws to the right on guns, voting, gerrymandering, regulatory authority, unions, campaign finance and more in the past 20 years. And if the Dobbs majority is any indication, this rightward shift is just getting started.

But this conservative legal revolution is only half of the story. The other half is just as important: the collapse of liberal constitutional thinking. Liberals have “lost anything that would animate a positive theory of what the Constitution should be,” says the legal scholar Larry Kramer. “And so they’ve been left with a kind of potpourri of leftover things from the periods when liberals were ascendant in the ’60s and ’70s.”

Kramer is a former dean of Stanford Law School, the current president of the William and Flora Hewlett Foundation and the author of“The People Themselves: Popular Constitutionalism and Judicial Review.” And according to him, it hasn’t always been this way. For most of American history, politicians, from Jefferson to Lincoln to Franklin Roosevelt, believed that constitutional interpretation was inextricable from politics. And they put forward distinct visions of what the Constitution meant and the kind of country it was written to build. But then, in response to the progressive victories of the Warren court, liberals began to embrace the doctrine of judicial supremacy: the view that the final authority on the Constitution rests with the courts. This has resulted in both the conservative legal victories of the past few decades and liberals’ muddled, weak response.

So this is a conversation about the collapse of liberal constitutional politics: why it happened, what we can learn from it and what a renewed, progressive vision of the Constitution could look like. We also discuss why the founders weren’t actually originalists at all, whether liberal constitutional thinking has been captured by the legal profession, what a liberal alternative to originalism could consist of, why changing the size of the court (despite its controversies) has been an important tool for staving off constitutional crisis, the case for an “anti-oligarchy Constitution,” the merits of imposing supermajority requirements on court decisions and nominations, why Kramer views Roosevelt’s infamous court-packing effort as a major success and more.

Mentioned:

Larry Kramer’s testimony at the Presidential Commission on the Supreme Court of the United States

Judicial Supremacy and the End of Judicial Restraint” by Larry D. Kramer

Marbury and the Retreat from Judicial Supremacy” by Larry D. Kramer

The Judicial Tug of War” by Adam Bonica and Maya Sen

Book recommendations:

The Anti-Oligarchy Constitution by Joseph Fishkin and William E. Forbath

The Second Creation by Jonathan Gienapp

When We Cease to Understand the World by Benjamín Labatut

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Thoughts? Guest suggestions? Email us at ezrakleinshow@nytimes.com.

You can find transcripts (posted midday) and more episodes of “The Ezra Klein Show” at nytimes.com/ezra-klein-podcast, and you can find Ezra on Twitter @ezraklein. Book recommendations from all our guests are listed at https://www.nytimes.com/article/ezra-klein-show-book-recs.

“The Ezra Klein Show” is produced by Annie Galvin and Rogé Karma; fact-checking by Michelle Harris, Mary Marge Locker, Kate Sinclair and Irene Noguchi; original music and mixing by Isaac Jones; audience strategy by Shannon Busta. Our executive producer is Irene Noguchi. Special thanks to Kristin Lin and Kristina Samulewski.

Subscribe today at nytimes.com/podcasts or on Apple Podcasts and Spotify. You can also subscribe via your favorite podcast app here https://www.nytimes.com/activate-access/audio?source=podcatcher. For more podcasts and narrated articles, download The New York Times app at nytimes.com/app.

Jaksot(470)

‘This is Something that Traditional Economics Isn’t Prepared to Deal With’

‘This is Something that Traditional Economics Isn’t Prepared to Deal With’

This is the strangest economy I’ve seen in my lifetime. If you just looked at the macro data — the jobs numbers, G.D.P., the stock market — things look pretty normal. But they clearly aren’t normal. The Trump administration spent the year upending the global trade system while tech companies spent hundreds of billions of dollars on A.I., a technology that could potentially displace many of our jobs. And people don’t feel normal, either. Survey data shows that the vibecession rages on.Tracy Alloway and Joe Weisenthal are the co-hosts of the excellent economics podcast “Odd Lots” and have closely followed all the chaos this year. So I wanted to have them on the show to explain what the hell is going on.Mentioned:ChartsOdd LotsThe Three-Body Problem by Cixin Liu“The Vibecession: The Self-Fulfilling Prophecy” by Kyla Scanlon“Everyone is Gambling and No One is Happy” by Kyla ScanlonBook Recommendations:Breakneck by Dan WangNorth Woods by Daniel MasonA Marriage at Sea by Sophie ElmhirstThe Digital Reversal by Andrey MirOrality and Literacy by Walter J. OngNo Sense of Place by Joshua MeyrowitzThoughts? Guest suggestions? Email us at ezrakleinshow@nytimes.com.You can find transcripts (posted midday) and more episodes of “The Ezra Klein Show” at nytimes.com/ezra-klein-podcast, and you can find Ezra on Twitter @ezraklein. Book recommendations from all our guests are listed at https://www.nytimes.com/article/ezra-klein-show-book-recs.This episode of “The Ezra Klein Show” was produced by Rollin Hu. Fact-checking by Annika Robbins, with Kate Sinclair and Mary Marge Locker. Our senior engineer is Jeff Geld, with additional mixing by Isaac Jones. Our executive producer is Claire Gordon. The show’s production team also includes Marie Cascione, Annie Galvin, Michelle Harris, Kristin Lin, Emma Kehlbeck, Jack McCordick, Marina King and Jan Kobal. Original music by Pat McCusker. Audience strategy by Kristina Samulewski and Shannon Busta. The director of New York Times Opinion Audio is Annie-Rose Strasser. And special thanks to Kimberly Clausing, Natasha Sarin and Kyla Scanlon. Subscribe today at nytimes.com/podcasts or on Apple Podcasts and Spotify. You can also subscribe via your favorite podcast app here https://www.nytimes.com/activate-access/audio?source=podcatcher. For more podcasts and narrated articles, download The New York Times app at nytimes.com/app.

23 Joulu 1h 17min

The Opinions: Bernie Sanders and Ruben Gallego

The Opinions: Bernie Sanders and Ruben Gallego

What will America’s story be after President Trump? My colleague David Leonhardt did a great series on that question this year, talking to a number of leading politicians. I thought two of those episodes, with Senator Bernie Sanders and with Senator Ruben Gallego, would be of particular interest to you.And they’re great to listen to as a pair. Sanders and Gallego have strong views about where the Democratic Party went wrong and how it can win back working-class voters in particular — views that have a lot of overlap but also some interesting shades of difference. So I wanted to share both conversations.You can learn more about our sister show “The Opinions” here — and subscribe wherever you find your podcasts. Subscribe today at nytimes.com/podcasts or on Apple Podcasts and Spotify. You can also subscribe via your favorite podcast app here https://www.nytimes.com/activate-access/audio?source=podcatcher. For more podcasts and narrated articles, download The New York Times app at nytimes.com/app.

19 Joulu 1h 8min

The Simplest Way to Save Lives With Your Money

The Simplest Way to Save Lives With Your Money

“This lightbulb went off that almost no one was asking these questions.”In 2006, Elie Hassenfeld and a few of his friends pooled some money they wanted to donate to charity. And they wanted to find charities where their money would go the farthest in improving lives. That information, it turned out, was incredibly hard to find.That was the seed of GiveWell. For almost a decade, GiveWell has dedicated itself to rigorously researching the impact of charities around the world and channeling donations to the ones that are the most effective at saving lives. It might sound simple, but this was a radically new approach in the world of charitable giving, and the work itself isn’t simple at all.I’ve supported GiveWell through the years. So as the year winds down and other people might be thinking about giving to a charity, I wanted to invite Hassenfeld, GiveWell’s chief executive, on the show to talk through this work. How does it measure impact? Are there limits to what you can measure? As an organization, has it made mistakes? What does it really mean to give well?If you like what you hear, I hope you’ll also consider donating to GiveWell. Learn more at givewell.org.Mentioned:GiveWell“Trust in Radical Truth and Radical Transparency” by Ray DalioHarlem Children’s ZoneAgainst Malaria FoundationHelen Keller IntlNew IncentivesNo Lean SeasonClinton Health Access Initiative (CHAI)PATHGiveDirectlyALIMABook Recommendations:Factfulness by Hans Rosling with Ola Rosling and Anna Rosling RönnlundPoor Economics by Abhijit V. Banerjee and Esther DufloBehind the Beautiful Forevers by Katherine BooThoughts? Guest suggestions? Email us at ezrakleinshow@nytimes.com.You can find transcripts (posted midday) and more episodes of “The Ezra Klein Show” at nytimes.com/ezra-klein-podcast, and you can find Ezra on Twitter @ezraklein. Book recommendations from all our guests are listed at https://www.nytimes.com/article/ezra-klein-show-book-recs.This episode of “The Ezra Klein Show” was produced by Jack McCordick. Fact-checking by Michelle Harris, with Kate Sinclair. Our senior engineer is Jeff Geld, with additional mixing by Isaac Jones. Our executive producer is Claire Gordon. The show’s production team also includes Marie Cascione, Annie Galvin, Rollin Hu, Kristin Lin, Emma Kehlbeck, Marina King and Jan Kobal. Original music by Aman Sahota and Pat McCusker. Audience strategy by Kristina Samulewski and Shannon Busta. The director of New York Times Opinion Audio is Annie-Rose Strasser. Subscribe today at nytimes.com/podcasts or on Apple Podcasts and Spotify. You can also subscribe via your favorite podcast app here https://www.nytimes.com/activate-access/audio?source=podcatcher. For more podcasts and narrated articles, download The New York Times app at nytimes.com/app.

16 Joulu 1h 5min

Best Of: Zadie Smith on Populists, Frauds and Flip Phones

Best Of: Zadie Smith on Populists, Frauds and Flip Phones

This is one of my favorite conversations in recent memory — with the writer Zadie Smith. Smith is the author of novels, including “White Teeth,” “On Beauty” and “NW,” as well as many essays and short stories. Her ability to give language to the kinds of quiet battles that live inside of ourselves is part of why she’s been one of my favorite writers for years.“We absolutely need to gather in our identity groups sometimes for our freedoms, for our civil rights. There’s absolutely no doubt about that. But for that role to be the thing that is you existentially all the way down — that is something that I personally believe all human beings revolt from at some level,” she told me when we spoke last September, shortly before  Trump’s re-election.It’s ideas like these that I found interesting to revisit now, in a starkly different political climate. In this conversation, we discuss Smith’s novel, “The Fraud,” which Smith wrote with Trump and populism front of mind; what populism is really channeling; why Smith refuses the “bait” of wokeness; how people have been “modified” by smartphones and social media; and more.This episode contains strong language.Mentioned:Feel Free by Zadie Smith“Fascinated to Presume: In Defense of Fiction” by Zadie SmithAmusing Ourselves to Death by Neil Postman“Generation Why?” by Zadie SmithBook Recommendations:The Director by Daniel KehlmannThe Rebel’s Clinic by Adam ShatzThe Diaries of Virginia WoolfThoughts? Guest suggestions? Email us at ezrakleinshow@nytimes.com.You can find transcripts (posted midday) and more episodes of “The Ezra Klein Show” at nytimes.com/ezra-klein-podcast. Book recommendations from all our guests are listed at https://www.nytimes.com/article/ezra-klein-show-book-recs.This episode of “The Ezra Klein Show” was produced by Annie Galvin. Fact-checking by Michelle Harris, with Kate Sinclair. Our senior engineer is Jeff Geld, with additional mixing by Aman Sahota and Efim Shapiro. Our senior editor is Claire Gordon. The show’s production team also includes Rollin Hu, Elias Isquith and Kristin Lin. Original music by Isaac Jones. Audience strategy by Kristina Samulewski and Shannon Busta. The executive producer of New York Times Opinion Audio is Annie-Rose Strasser. Subscribe today at nytimes.com/podcasts or on Apple Podcasts and Spotify. You can also subscribe via your favorite podcast app here https://www.nytimes.com/activate-access/audio?source=podcatcher. For more podcasts and narrated articles, download The New York Times app at nytimes.com/app.

12 Joulu 1h 12min

The Contradictions of Gavin Newsom

The Contradictions of Gavin Newsom

Gavin Newsom is the 2028 Democratic front-runner. That’s what many of the polls and the Polymarket betting odds say.It’s been widely believed that Newsom wants to run for president someday. But belief that he could be a front-runner was less common. A liberal white guy from a state that much of the country considers badly governed just didn’t seem like the profile the Democratic Party was looking for.But as a Californian who has watched Newsom for a long time, I was surprised by him this year. After President Trump returned to the White House, Newsom started a podcast, interviewing people like Charlie Kirk, Steve Bannon and Michael Savage, which made a lot of Democrats mad. At the same time, Newsom turned himself into the leader of the resistance — trolling Trump on social media and pushing a ballot initiative to end California’s independent redistricting to counter the partisan redistricting effort in Texas.Newsom has been willing to try things and take risks. He has shown a feel for this moment — in politics and in the way attention works now.But it’s still true that he runs a state that the country considers badly governed. California tops the rankings of unaffordable states, at a time when affordability has become a central electoral issue.In this conversation, I ask Newsom about all of this — what he learned this year from talking to figures on the right, how he thinks the Democratic Party can win back voters it lost, why California is so unaffordable and what he’s doing about it.Mentioned:Applebee’s America by Ron Fournier, Douglas B. Sosnik and Matthew J. Dowd“And, This Is Charlie Kirk”“And, This Is Gaming Culture & Gen-Z Nihilism With Content Creator Brandon “Atrioc” Ewing”“And, This Is Michael Savage”“And, This Is Steve Bannon”“Newsom Says Trump’s Attacks Are ‘Not Normal’”“Barack Obama 2004 Democratic National Convention Keynote Speech”Book Recommendations:Built to Last by Jim Collins, Jerry I. PorrasMeditations by Marcus Aurelius1929 by Andrew Ross SorkinThoughts? Guest suggestions? Email us at ezrakleinshow@nytimes.com.You can find transcripts (posted midday) and more episodes of “The Ezra Klein Show” at nytimes.com/ezra-klein-podcast, and you can find Ezra on Twitter @ezraklein. Book recommendations from all our guests are listed at https://www.nytimes.com/article/ezra-klein-show-book-recs.This episode of “The Ezra Klein Show” was produced by Rollin Hu. Fact-checking by Michelle Harris. Our senior engineer is Jeff Geld, with additional mixing by Isaac Jones. Our executive producer is Claire Gordon. The show’s production team also includes Marie Cascione, Annie Galvin, Kristin Lin, Emma Kehlbeck, Jack McCordick, Marina King and Jan Kobal. Original music by Pat McCusker and Aman Sahota. Audience strategy by Kristina Samulewski and Shannon Busta. The director of New York Times Opinion Audio is Annie-Rose Strasser. Subscribe today at nytimes.com/podcasts or on Apple Podcasts and Spotify. You can also subscribe via your favorite podcast app here https://www.nytimes.com/activate-access/audio?source=podcatcher. For more podcasts and narrated articles, download The New York Times app at nytimes.com/app.

10 Joulu 1h 46min

What I Learned in 2025

What I Learned in 2025

I answer your questions on the year’s political lessons, the struggles of young men and handling heat on the show.The end-of-year Ask Me Anything episode has become a tradition on the show. So as 2025 comes to a close, I’m joined by Claire Gordon, the show’s executive producer, to answer your questions about an eventful year — how my thinking on the Trump administration has evolved, how well the Democratic Party has played its chips, what I think it means to be a Democrat right now, whether “Abundance” is centrist, how politicians might address adriftness of young people, how I’ve handled the criticism the show has received and how many packets of Splenda I consume in a day.Note: This conversation was recorded on Tuesday, Dec. 2, and does not reflect more recent developments in Congress’s review of the Sept. 2 boat attack.Mentioned:“Don’t Believe Him” by Ezra Klein“The Supreme Court Is Backing Trump’s Power Grab” by Ezra Klein“What if Trump Just Ignores the Courts?” by Ezra Klein“The Republican Party’s NPC Problem — and Ours” by Ezra Klein“Abundance and the Left" by Ezra Klein“The Emergency Is Here” by Ezra Klein“Stop Acting Like This Is Normal” by Ezra Klein“What Were Democrats Thinking?” by Ezra Klein“The Goon Squad” by Daniel KolitzDragonriders of Pern Series by Anne McCaffrey and Todd J. McCaffreyThoughts? Guest suggestions? Email us at ezrakleinshow@nytimes.com.You can find transcripts (posted midday) and more episodes of “The Ezra Klein Show” at nytimes.com/ezra-klein-podcast, and you can find Ezra on Twitter @ezraklein. Book recommendations from all our guests are listed at https://www.nytimes.com/article/ezra-klein-show-book-recs.This episode of “The Ezra Klein Show” was produced by Claire Gordon, Kristin Lin and Marie Cascione. Fact-checking by Michelle Harris. Our senior engineer is Jeff Geld, with additional mixing by Isaac Jones. Our executive producer is Claire Gordon. The show’s production team also includes Annie Galvin, Rollin Hu, Emma Kehlbeck, Jack McCordick, Marina King and Jan Kobal. Original music by Carole Sabouraud and Pat McCusker. Audience strategy by Kristina Samulewski and Shannon Busta. The director of New York Times Opinion Audio is Annie-Rose Strasser. Transcript editing by Andrea Gutierrez, Sarah Murphy and Marlaine Glicksman. Subscribe today at nytimes.com/podcasts or on Apple Podcasts and Spotify. You can also subscribe via your favorite podcast app here https://www.nytimes.com/activate-access/audio?source=podcatcher. For more podcasts and narrated articles, download The New York Times app at nytimes.com/app.

5 Joulu 59min

Interesting Times: She Exposed Epstein and Shares MAGA’s Anger

Interesting Times: She Exposed Epstein and Shares MAGA’s Anger

My colleague Ross Douthat talks to the journalist who exposed Jeffrey Epstein. This episode of “Interesting Times,” with the Miami Herald investigative journalist Julie K. Brown, came out back in July. But since Epstein has very much stayed in the news, I wanted to share it now. The conversation is such a fascinating and helpful explainer of the whole case, and the questions that remain unanswered — with the woman whose reporting led to Epstein’s re-arrest.  If you haven’t had a chance to check out “Interesting Times” this year, you really should. The team has produced so many great episodes, especially with leading thinkers and activists on the right. You can find them on the NYT Audio app, Apple, Spotify, Amazon Music, YouTube, iHeartRadio or wherever you get your podcasts. Subscribe today at nytimes.com/podcasts or on Apple Podcasts and Spotify. You can also subscribe via your favorite podcast app here https://www.nytimes.com/activate-access/audio?source=podcatcher. For more podcasts and narrated articles, download The New York Times app at nytimes.com/app.

2 Joulu 59min

Best Of: The ‘Quiet Catastrophe’ Brewing in Our Social Lives

Best Of: The ‘Quiet Catastrophe’ Brewing in Our Social Lives

The holidays are an unusually social time, filled with parties and family get-togethers. But for most of the year, we feel isolated and unsatisfied with our social lives. Our society isn’t structured to support connection year-round. So it’s an apt time to re-air this episode — a conversation with the writer Sheila Liming about rediscovering the lost art of hanging out.Liming is an associate professor of professional writing at Champlain College and the author of “Hanging Out: The Radical Power of Killing Time.” In the book, Liming investigates the troubling fact that we’ve grown much less likely to simply spend time together outside our partnerships, workplaces and family units. What would it look like to reconfigure our world to make social connection easier for all of us?I spoke to Liming in April 2023. But I find that this conversation provides a clearer sense of what’s gone wrong in our social lives — and how to make “hanging out” with others more fulfilling.Note: We're still gathering questions for an upcoming "Ask Me Anything" episode we'd like to record. If you have any questions for Ezra, please email ezrakleinshow@nytimes.com using the subject line "AMA."Mentioned:“You’d Be Happier Living Closer to Friends. Why Don’t You?” by Anne Helen Petersen“The Nuclear Family Was a Mistake” by David BrooksFull Surrogacy Now by Sophie LewisRegarding the Pain of Others by Susan SontagLetters from Tove by Tove JanssonBook Recommendations:Black Paper by Teju ColeOn the Inconvenience of Other People by Lauren BerlantThe Hare by Melanie FinnThoughts? Guest suggestions? Email us at ezrakleinshow@nytimes.com.You can find transcripts (posted midday) and more episodes of “The Ezra Klein Show” at nytimes.com/ezra-klein-podcast, and you can find Ezra on Twitter @ezraklein. Book recommendations from all our guests are listed at https://www.nytimes.com/article/ezra-klein-show-book-recs.This episode of “The Ezra Klein Show” is produced by Annie Galvin, with Jeff Geld, Rogé Karma and Kristin Lin. Fact-checking by Michelle Harris, Mary Marge Locker and Kate Sinclair. Mixing by Jeff Geld. Original music by Isaac Jones. Audience strategy by Shannon Busta. The executive producer of New York Times Opinion Audio is Annie-Rose Strasser. Special thanks to Sonia Herrero and Kristina Samulewski. Subscribe today at nytimes.com/podcasts or on Apple Podcasts and Spotify. You can also subscribe via your favorite podcast app here https://www.nytimes.com/activate-access/audio?source=podcatcher. For more podcasts and narrated articles, download The New York Times app at nytimes.com/app.

25 Marras 1h 15min

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