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(457)

The Emergency Is Here

The Emergency Is Here

The president of the United States is disappearing people to a Salvadoran prison for terrorists: a prison built for disappearance, a prison where there is no education or remediation or recreation, a prison where the only way out, according to El Salvador’s justice minister, is in a coffin.The president says he wants to send “homegrown” Americans there next.This is the emergency. Like it or not, it’s here.Asha Rangappa is a former F.B.I. special agent and now an assistant dean and senior lecturer at the Yale Jackson School of Global Affairs, as well as a member of the board of editors for Just Security and the author of The Freedom Academy on Substack.Mentioned:“Abrego Garcia and MS-13: What Do We Know?” by Roger ParloffBook Recommendations:The Burning by Tim MadiganBreaking Twitter by Ben MezrichErasing History by Jason StanleyThoughts? Guest suggestions? Email us at ezrakleinshow@nytimes.com.You can find the transcript 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.htmlThis episode of “The Ezra Klein Show” was produced by Elias Isquith. Fact-checking by Rollin Hu, Jack McCordick, Kristin Lin and Kate Sinclair. Mixing by Isaac Jones and Aman Sahota. Our executive producer is Claire Gordon. The show’s production team also includes Marie Cascione, Annie Galvin, 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 Aaron Reichlin-Melnick. 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.

17 Apr 1h 12min

Tom Friedman Thinks We’re Getting China Dangerously Wrong

Tom Friedman Thinks We’re Getting China Dangerously Wrong

My colleague Tom Friedman thinks we’re screwed.That’s the first thing he told me when recounting his recent trip to China. It’s not just because of the trade war that President Trump is escalating right now. Friedman believes the whole Washington consensus on China — that the country is a hostile adversary — is dangerous and based on an outdated understanding of what China now is. He saw how China’s manufacturing and technology have advanced so far that in many ways it now surpasses the United States’.In this conversation, Friedman walks me through the advancements he saw in some of the most critical fields of the coming decades — including A.I., E.V.s and clean energy. We discuss why he sees the current consensus as dangerous, what a different path might look like and what the United States should do to develop its domestic manufacturing so that we don’t “get steamrolled.”This episode contains strong language.Mentioned:“I Just Saw the Future. It Was Not in America.” by Thomas L. Friedman“China's overlapping tech-industrial ecosystems” by Kyle ChanGenesis by Henry A. Kissinger, Eric Schmidt and Craig Mundie Book Recommendations:The works of Yuval Noah HarariThoughts? Guest suggestions? Email us at ezrakleinshow@nytimes.com.You can find the transcript 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 Rollin Hu. Fact-checking by Michelle Harris, with Mary Marge Locker and Kate Sinclair. Mixing by Isaac Jones, with Aman Sahota and Efim Shapiro. Our executive producer is Claire Gordon. The show’s production team also includes Marie Cascione, Annie Galvin, Elias Isquith, Marina King, Jan Kobal, Kristin Lin and Jack McCordick. 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 Zoe Zongyuan Liu, Kyle Chan and Matt Sheehan. 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.

15 Apr 1h 8min

Trump’s Tariffs, Market Panic and What Comes Next

Trump’s Tariffs, Market Panic and What Comes Next

After a week of market chaos, President Trump pulled back from the brink. But he didn’t pull that far back. He left a 10 percent tariff on most of the world and launched a trade war with China. It’s unclear what he will do after this 90-day pause or what countries need to do to satisfy him. But one thing that is very clear now is that our economy is subject to one man’s whims.How are businesses supposed to adapt to this new reality? What is this new reality?Peter R. Orszag is the chief executive and chairman of Lazard, one of the world’s largest asset management and global financial advisory firms. He also served as the director of the Office of Management and Budget under President Barack Obama, so was a policymaker during a financial crisis. And over the past few months, he’s been talking to lots of C.E.O.s and corporate board members as they try to process these changing policies. I wanted to ask him what he’s been hearing and how he sees the volatility of this moment.Mentioned:“A User’s Guide to Restructuring the Global Trading System” by Stephen Miran“Paul Krugman on the ‘Biggest Trade Shock in History’” by The Ezra Klein ShowTrade Wars Are Class Wars by Matthew C. Klein and Michael PettisBook Recommendations:Underground Empire by Henry Farrell and Abraham NewmanChokepoints by Edward FishmanSmart Money by Brunello Rosa and Casey LarsenThe Catalyst by Thomas R. CechKaput by Wolfgang MünchauThoughts? 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 Jack McCordick. Fact-checking by Michelle Harris, with Mary Marge Locker and Kate Sinclair. Mixing by Isaac Jones, with Aman Sahota and Efim Shapiro. Our executive producer is Claire Gordon. The show’s production team also includes Marie Cascione, Rollin Hu, Elias Isquith, Marina King, Jan Kobal and Kristin Lin. 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. Special thanks to Matt Klein. 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.

11 Apr 1h

Paul Krugman on the ‘Biggest Trade Shock in History’

Paul Krugman on the ‘Biggest Trade Shock in History’

The tariffs President Trump unveiled this week were both bigger than most people expected and a lot more confusing. These aren’t the flat tariffs he proposed during the campaign. And they aren’t reciprocal tariffs, as he claimed in his Rose Garden speech. So what is Trump actually doing here?I knew my former colleague Paul Krugman would have some thoughts. Krugman is a Nobel laureate trade economist who was a New York Times Opinion columnist for 25 years. He now writes an excellent newsletter on Substack, where he’s been trying to make sense of the theories behind Trump’s tariff policies and, now, their strange reality.Mentioned:“Stop Looking for Methods in the Madness” by Paul KrugmanBook Recommendations:The Price of Peace by Zachary D. CarterHow Not to Invest by Barry RitholtzWar and Power by Phillips Payson O’BrienThoughts? 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 Rollin Hu. Fact-checking by Michelle Harris, with Kate Sinclair and Mary Marge Locker. Mixing by Efim Shapiro and Aman Sahota. Our executive producer is Claire Gordon. The show’s production team also includes Elias Isquith, Kristin Lin and Jack McCordick. 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. 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 Apr 50min

‘Our Kids Are the Least Flourishing Generation We Know Of’

‘Our Kids Are the Least Flourishing Generation We Know Of’

There’s something of a policy revolution afoot: As of March, more than a dozen states — including California, Florida and Ohio — have passed bills or adopted policies that aim to limit cellphone usage at school. More are expected to follow.Jonathan Haidt is the leader of this particular insurgency. “The Anxious Generation: How the Great Rewiring of Childhood Is Causing an Epidemic of Mental Illness,” his book exploring the decline of the “play-based childhood” and the rise of the “phone-based childhood,” has been on the New York Times best-seller list for a year. It feels, to me, like we’re finally figuring out a reasonable approach to smartphones and social media and kids … just in time for that approach to be deranged by the question of A.I. and kids, which no one is really prepared for.So I wanted to have Haidt on the show to talk through both of those topics, and the questions we often ignore beneath them: What is childhood for? What are parents for? What do human beings need in order to flourish? You know, the small stuff.Haidt is a professor at New York University Stern School of Business and the author of “The Righteous Mind” and “The Coddling of the American Mind” (with Greg Lukianoff). His newsletter is called After Babel.This episode contains strong language.Mentioned:“She Fell in Love With ChatGPT. Like, Actual Love. With Sex.” by The DailyThe Age of Addiction by David T. Courtwright“Have Smartphones Destroyed a Generation?” By Jean TwengeStolen Focus by Johann HariBook Recommendations:The Stoic Challenge by William B. IrvineDeep Work by Cal NewportHow to Win Friends and Influence People by Dale CarnegieThoughts? 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 Jack McCordick. Fact-checking by Mary Marge Locker and Kate Sinclair. Mixing by Isaac Jones, with Efim Shapiro and Aman Sahota. Our executive editor is Claire Gordon. The show’s production team also includes Michelle Harris, Rollin Hu, Elias Isquith and Kristin Lin. Original music by Pat McCusker. 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.

1 Apr 1h 11min

The Last 2 Months — and Next 2 Years — of U.S. Politics

The Last 2 Months — and Next 2 Years — of U.S. Politics

It’s our first subscriber-only “Ask Me Anything” of the year. The show’s executive producer, Claire Gordon, joins me to discuss your questions about the risk of a constitutional crisis and how Democrats, businesses and universities are responding to President Trump. Thank you to everyone who sent in questions. And if you aren’t a New York Times subscriber but would like to be, just go to https://www.nytimes.com/subscription.This episode contains strong language.Mentioned:“A Democrat Who Is Thinking Differently” by The Ezra Klein Show with Jake Auchincloss“Don't Believe Him” by Ezra KleinThoughts? 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 Kristin Lin. Fact-checking by Michelle Harris. Mixing by Isaac Jones, with Efim Shapiro and Aman Sahota. Our executive producer is Claire Gordon. The show’s production team also includes Rollin Hu, Elias Isquith and Jack McCordick. Original music by Pat McCusker. 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.

28 Mar 37min

What Is DOGE’s Real Goal?

What Is DOGE’s Real Goal?

The so-called Department of Government Efficiency is great branding. Who could be against a more efficient government? But “efficiency” obfuscates what’s really happening here.Efficiency to what end? Elon Musk, President Trump and DOGE’s boosters have offered various objectives — cutting the deficit, eliminating fraud and abuse, creating a leaner and more responsive government. But DOGE’s actions in the past two months don’t seem to align with any of those goals.Santi Ruiz is the senior editor at the Institute for Progress and the author and host of the “Statecraft” podcast and newsletter. He’s to my right politically and had higher hopes, at first, about DOGE’s efforts, but he’s now grappling with the reality of what it’s actually doing.This episode contains strong language.Mentioned:“50 Thoughts on DOGE” by Santí Ruiz“How to Defend Presidential Authority” by Santí Ruiz“The Anti-D.E.I. Crusader Who Wants to Dismantle the Department of Education” by Ross DouthatBook Recommendations:Stalin’s War by Sean McMeekinBack from the Brink by Peter MoskosPower And Responsibility by Romano GuardiniThoughts? 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 Rollin Hu. Fact-checking by Michelle Harris with Mary Marge Locker and Kate Sinclair. Mixing by Isaac Jones, with Efim Shapiro and Aman Sahota. Our executive producer is Claire Gordon. The show’s production team also includes Elias Isquith, Kristin Lin and Jack McCordick. Original music by Pat McCusker. Audience strategy by Kristina Samulewski and Shannon Busta. The executive producer of New York Times Opinion Audio is Annie-Rose Strasser. Special thanks to Switch and Board Podcast Studio, Ryan Bourne, Rohan Grey, Don Moynihan, Quinn Slobodian and Jennifer Pahlka. 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 Mar 1h 11min

The Origins of Abundance

The Origins of Abundance

To mark the release of our new book “Abundance,” my co-author Derek Thompson had me on his podcast, “Plain English,” to talk about it. We’re on book tour right now, so we’re doing a lot of talking about this book. But this conversation is different. It’s just Derek and me, and we get into the story of how the book came together, and all the people and ideas that influenced us – a kind of intellectual history of the abundance agenda. And I thought the audience of this show might find this interesting too.  This episode of “Plain English” was recorded on March 11.Mentioned:“Abundance” by Ezra Klein and Derek Thompson“Abundance” book tour“The Political Fight of the Century” by Derek Thompson“The Economic Mistake the Left Is Finally Confronting” by Ezra KleinThis episode contains strong language. 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.

21 Mar 1h 12min

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