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

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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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.

Episoder(459)

What We Learned Reading Ron DeSantis's Books

What We Learned Reading Ron DeSantis's Books

Although 12 candidates have entered the Republican presidential race so far, only Gov. Ron DeSantis of Florida is polling anywhere close to Donald Trump. What does DeSantis actually believe? How has he governed? And what case will he make to Republicans to vote for him over Trump?To answer those questions, I wanted to spend some time reading DeSantis in his own words. So I invited Carlos Lozada — the Pulitzer Prize-winning former book critic for The Washington Post, current Times Opinion columnist and the author of “What Were We Thinking: A Brief Intellectual History of the Trump Era” — to join me. Lozada has read many, many books by and about Republican politicians, including DeSantis’s two books, “Dreams From Our Founding Fathers: First Principles in the Age of Obama” from 2011 and “The Courage to Be Free: Florida’s Blueprint for America’s Revival,” released this year.We discuss DeSantis’s striking definition of — and rhetorical assault on — “elites,” why his campaign book makes no effort to showcase bipartisan credentials, DeSantis’s awkward transition from a Tea Party figure to MAGA crusader, what DeSantis has actually done as governor of Florida, why Florida’s Covid record is such a cornerstone of his political appeal, what DeSantis means by “wokeness” and why he’s waging a “war” on it, the surprising absence of major economic ideas from his book, how he is trying to differentiate himself from Trump without alienating Trump voters, whether his aggressive actions toward Disney will backfire and more.Mentioned:"America's Ruling Class" by Angelo CodevillaDreams from Our Founding Fathers by Ron DeSantisThe Courage to Be Free by Ron DeSantisHow To by Randall MunroeBook Recommendations:Personal Memoirs of U.S. Grant by Ulysses GrantAn Hour Before Daylight by Jimmy CarterAll the Best, George Bush by George H.W. BushListen to this podcast in New York Times Audio, our new iOS app for news subscribers. Download now at nytimes.com/audioappThoughts? 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 was produced by Annie Galvin. Fact-checking by Michelle Harris, Mary Marge Locker and Kate Sinclair. Mixing by Efim Shapiro. The show’s production team is Emefa Agawu, Jeff Geld, Rogé Karma and Kristin Lin. 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, Edwin Benton, Peter Bergerson, David Wallace-Wells 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.

13 Jun 20231h 5min

What Communes and Other Radical Experiments in Living Together Reveal

What Communes and Other Radical Experiments in Living Together Reveal

“Today’s future-positive writers critique our economies while largely seeming to ignore that anything might be amiss in our private lives,” writes Kristen Ghodsee. Even our most ambitious visions of utopia tend to focus on outcomes that can be achieved through public policy — things like abundant clean energy or liberation from employment — while ignoring many of the aspects of our lives that matter to us the most: how we live, raise our children, and tend to our most meaningful relationships.Ghodsee’s new book, “Everyday Utopia: What 2,000 Years of Wild Experiments Can Teach Us About the Good Life,” is an attempt to change that. The book is a tour of radical social experiments from communes and ecovillages to “platonic parenting” and intentional communities. But, on a deeper level, it’s a critique of the way existing structures of family and community life have left so many of us devoid of care and connection, and a vision of what it could mean to organize our lives differently.Mentioned:“The Nuclear Family Was a Mistake” by David BrooksSaving Time by Jenny OdellBook Recommendations:Pirate Enlightenment, or the Real Libertalia by David GraeberThe Dispossessed by Ursula K. LeGuinGender and the Politics of History by Joan Wallach ScottListen to this podcast in New York Times Audio, our new iOS app for news subscribers. Download now at nytimes.com/audioappThoughts? 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 was produced by Emefa Agawu. Fact-checking by Michelle Harris, Mary Marge Locker and Kate Sinclair. Mixing by Jeff Geld. The show’s production team is Annie Galvin, Jeff Geld, Rogé Karma and Kristin Lin. 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.

9 Jun 20231h 10min

The Book I Wish Every Policymaker Would Read

The Book I Wish Every Policymaker Would Read

My pitch for this episode is simple: Jennifer Pahlka has written one of the best policy books I’ve ever read.Pahlka served as deputy chief technology officer in the Obama White House, and she’s the founder and a former executive director of Code for America, a nonprofit that works to enhance government digital services. Over the course of her career, Pahlka has become obsessed with an area of policy that is too often ignored by policymakers: implementation. She was part of the effort to rescue HealthCare.gov in 2013 and was tapped by Gov. Gavin Newsom in 2020 to help fix California’s unemployment insurance system as it buckled under the weight of the Covid response.It has become a common refrain that the U.S. government is often terrible at delivering even basic services. But Pahlka’s new book — “Recoding America: Why Government Is Failing in the Digital Age and How We Can Do Better” — puts forward a deeper theory of why government services are so awful, how policy implementation so often goes awry and what it would take to fix those systems so that government could better live up to its promises. It’s an argument that anyone who cares about government in the 21st century needs to take seriously.Book Recommendations:Implementation by Jeffrey L. Pressman and Aaron WildavskyRadical Help by Hilary Cottam“Mandate for Leadership” (chapter 3), edited by Paul Dans and Steven GrovesListen to this podcast in New York Times Audio, our new iOS app for news subscribers. Download now at nytimes.com/audioappThoughts? 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 Emefa Agawu. Fact-checking by Michelle Harris, Mary Marge Locker and Kate Sinclair. Mixing by Jeff Geld. Our production team is Annie Galvin, Jeff Geld, Roge Karma and Kristin Lin. Original music by Isaac Jones. Audience strategy by Shannon Busta. The executive producer of New York Times Opinion Audio is Annie-Rose Strasser. And special thanks to Isaac Jones 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.

6 Jun 20231h 13min

Beyond the ‘Matrix’ Theory of the Mind

Beyond the ‘Matrix’ Theory of the Mind

Some thoughts on how humans think, how economies grow and why the technologies we think will help so often hurt.Column:“Beyond the ‘Matrix’ Theory of the Mind” by Ezra KleinEpisode Recommendations:Maryanne Wolf on how reading shapes our brainsCal Newport on the problems with the way we workMy A.M.A. on A.I.Gary Marcus on the limits of A.I.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 Emefa Agawu, Annie Galvin, Jeff Geld, Roge Karma and Kristin Lin. Fact-checking by Rollin Hu. Mixing by Sonia Herrero. Original music by Isaac Jones. Audience strategy by 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.

4 Jun 202318min

Fareed Zakaria on Where Russia’s War in Ukraine Stands — and Much More

Fareed Zakaria on Where Russia’s War in Ukraine Stands — and Much More

A lot about the world has changed since February 2022, when Russia invaded Ukraine. The war itself has brought a number of surprises, from the tenacity of Ukraine’s resistance to the limits of Western sanctions. Meanwhile, competition between the United States and China has escalated into something resembling a new Cold War, India just surpassed China as the most populous country in the world and countries representing about two-thirds of the world’s population have chosen not to align themselves with the U.S. position on the Russia-Ukraine conflict.Those shifts raise a number of important questions: Where does the Russia-Ukraine war stand today? Are U.S.-China relations headed in the right direction? How will the rise of “nonaligned” countries like India alter the global balance of power? Is America’s longtime global dominance waning?Fareed Zakaria is host of the CNN show “Fareed Zakaria GPS,” a columnist for The Washington Post, and one of the sharpest foreign policy thinkers of our time. We discuss what possible outcomes of the Russia-Ukraine conflict seem likeliest at this moment, why the U.S.-led sanctions on Russia haven’t been nearly as effective as expected, how the Republican Party’s stance on Ukraine could influence the outcome of the war, why tensions between the United States and China have intensified over the last year, the dangerous implications of the Chinese spy balloon debacle, whether the United States should ban TikTok, how America’s hypocrisy about foreign invasions looks to the rest of the world, why so many Global South countries don’t support the West’s sanctions regime on Russia, what India’s rise means for the future global balance of power, what President Biden’s foreign policy should look like moving forward and more.Mentioned:Foreign Affairs’ May/June 2023 issue“The Upside of Rivalry” by Nirupama RaoThe Internationalists by Oona A. Hathaway and Scott J. ShapiroBook Recommendations:Imagined Communities by Benedict AndersonWealth and Power by Orville Schell and John DeluryThe Idea of India by Sunil KhilnaniListen to this podcast in New York Times Audio, our new iOS app for news subscribers. Download now at nytimes.com/audioappThoughts? 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 was produced by Annie Galvin. Fact checking by Michelle Harris, Rollin Hu, Mary Marge Locker and Kate Sinclair. Mixing by Jeff Geld. The show’s production team is Emefa Agawu, Jeff Geld, Roge Karma and Kristin Lin. Original music by Isaac Jones. Audience strategy by Shannon Busta. The executive producer of New York Times Opinion Audio is Annie-Rose Strasser. And 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.

2 Jun 20231h 30min

Matter of Opinion: A Look at the 2024 G.O.P. Primary Field

Matter of Opinion: A Look at the 2024 G.O.P. Primary Field

Today we’re bringing you an episode from the latest New York Times Opinion podcast, “Matter of Opinion.” It’s a chat show, hosted by my colleagues Michelle Cottle, Ross Douthat, Carlos Lozada and Lydia Polgreen. Each week, they discuss an issue in the news, the culture or their own work and try to make sense of what is a weird and fascinating time to be alive.In this episode, the hosts take a tour of the 2024 Republican primary field to understand what it takes to survive in the present-day Republican ecosystem — and maybe even beat the Trump in the room. (Note: This episode was recorded on May 18, the week before Ron DeSantis announced his candidacy.)Listen to this podcast in New York Times Audio, our new iOS app for news subscribers. Download now at nytimes.com/audioapp“Matter of Opinion” was produced this week by Phoebe Lett, Sophia Alvarez Boyd and Derek Arthur. It was edited by Stephanie Joyce and Annie-Rose Strasser. Mixing by Pat McCusker. Original music by Pat McCusker, Sonia Herrero, Isaac Jones and Carole Sabouraud. Fact-checking by Mary Marge Locker. Special thanks to Shannon Busta 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.

30 Mai 202332min

If You’re Reading This, You’re Probably ‘WEIRD’

If You’re Reading This, You’re Probably ‘WEIRD’

Here’s a little experiment. Take a second to think about how you would fill in the blank in this sentence: “I am _____.”If you’re anything like me, the first descriptors that come to mind are personal attributes (like “curious” or “kind”) or identities (like “a journalist” or “a runner”). And if you answered that way, then I have some news for you: You are weird.I mean that in a very specific way. In social science, WEIRD is an acronym that stands for Western, Educated, Industrialized, Rich and Democratic. Most societies in the world today — and throughout human history — don’t fit that description. And when people from non-WEIRD cultures answer the “I am” statement, they tend to give very different answers, defining themselves with relation-based descriptors like “Moe’s father” or “David’s brother.”That difference is only the tip of the iceberg. Much of what we take for granted as basic elements of human psychology and ethics are actually a peculiar WEIRD way of viewing the world.Joseph Henrich, an anthropologist at Harvard University, believes that this distinction between WEIRD and non-WEIRD psychologies is absolutely central to understanding our modern world. His 2020 book, “The WEIRDest People in the World: How the West Became Psychologically Peculiar and Particularly Prosperous,” explores the origins of these differences and argues that the emergence of a distinctly WEIRD psychology was central to the development of everything from the Industrial Revolution and market economies to representative government and human rights.We discuss Henrich’s theory of how “cultural evolution” leads to psychological — even genetic — changes in humans, the difference between societies that experience “shame” as a dominant emotion as opposed to “guilt,” the unique power of religion in driving cultural change, how cultural inventions like reading have literally reshaped human biology, why religious communes tend to outlast secular ones, why Henrich believes there is no static “human nature” aside from our cultural learning abilities, how differences in moral psychology across the United States can predict Donald Trump’s 2016 and 2020 vote share, why higher levels of immigration tend to lead to far more innovation and more.Book recommendations:Why Europe? by Michael MitterauerGuns, Germs, and Steel by Jared DiamondThe Chosen Few by Maristella Botticini and Zvi EcksteinListen to this podcast in New York Times Audio, our new iOS app for news subscribers. Download now at nytimes.com/audioappThoughts? 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 Roge Karma. Fact-checking by Michelle Harris, Mary Marge Locker and Kate Sinclair. Mixing by Sonia Herrero. Our production team is Emefa Agawu, Annie Galvin, Jeff Geld and Kristin Lin. 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 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.

26 Mai 20231h 11min

The Teen Mental Health Crisis, Part 2

The Teen Mental Health Crisis, Part 2

The data is clear: Levels of anxiety, depression, self-harm and suicide have spiked for American teenagers over the last decade. Last Friday’s episode with the psychologist Jean Twenge sifted through that data to uncover both the scale of the crisis and its possible causes. Today’s episode focuses on the experiences behind that data: the individuals who are struggling, and what we can do as friends, parents and a broader society to help them.Lisa Damour is a clinical psychologist, the co-host of the podcast “Ask Lisa” and the author of books including “The Emotional Lives of Teenagers: Raising Connected, Capable and Compassionate Adolescents” and “Under Pressure: Confronting the Epidemic of Stress and Anxiety in Girls.” Statistics about teenage mental health are illuminating, but Damour has spent decades working closely with teens, allowing her to fill in some of the gaps in that data and give a nuanced picture of what may be going on. She has emerged from her clinical experience more hopeful about the prospects for helping teens through a life stage — and a moment in history — that poses serious challenges to their well-being.We discuss the neuroscience behind why being a teenager is so emotionally difficult, why Damour doesn’t believe smartphones are primarily to blame for the teen mental health crisis, how overscheduling teens can hurt their social development, why girls experience more anxiety than boys even as they outperform boys in school, which types of smartphone use can be good and bad for young people, the problems with the cultural belief that stress and anxiety should be eliminated at all costs, how to tell the difference between harmful and healthy anxiety, how parents should approach social media use with their children, how all of us can help one another cope with negative emotions and more.Book Recommendations:Psychoanalytic Diagnosis by Nancy McWilliamsTranscendent Kingdom by Yaa GyasiA Swim in a Pond in the Rain by George SaundersListen to this podcast in New York Times Audio, our new iOS app for news subscribers. Download now at nytimes.com/audioappThoughts? 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 Annie Galvin. Fact checking by Mary Marge Locker and Kate Sinclair. Mixing by Jeff Geld. Our production team is Emefa Agawu, Jeff Geld, Roge Karma and Kristin Lin. 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.

23 Mai 20231h 8min

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