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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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.

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‘I Have No Idea How This Ends. I’ve Never Seen It So Broken.’

‘I Have No Idea How This Ends. I’ve Never Seen It So Broken.’

It’s been just over 100 days since Hamas’s attack on Israel, and the costs of the war are staggering. In polling from late fall, 64 percent of Gazans reported that a family member had been killed or injured. Nearly two million Gazans — almost the entire population — have been displaced from their homes, and analysis of satellite imagery reveals that about half the buildings in the Gaza Strip have probably been destroyed or damaged.Israel believes that more than 100 hostages are being held captive in Gaza, and polling reveals that Hamas has gained popularity among Palestinians while support for Israel has plummeted around the world. When this war ends, will Israel really be safer? Who will govern Gaza? What will be left of Gaza?Thomas L. Friedman is a New York Times Opinion columnist and the author of “From Beirut to Jerusalem,” among other books. He has covered the Middle East for decades and won a Pulitzer for his reporting from Israel. And so I wanted to ask him: What does he think of where Israel is now, and what does he imagine comes next?Mentioned:Columnist Assistant applicationThomas L. Friedman’s recent columns“‘Joe Biden May Be the Last Pro-Israel Democratic’” by Thomas L. FriedmanBook Recommendations:The Little Drummer Girl by John Le CarréThe Splendid and the Vile by Erik LarsonI’m Your Man by Sylvie SimmonsThoughts? 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 Michelle Harris, with Kate Sinclair. Our senior engineer is Jeff Geld, with additional mixing by Efim Shapiro. Our senior editor is Claire Gordon. The show’s production team also includes Rollin Hu 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. And special thanks to Sonia Herrero. 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 Jan 20241h 8min

A Republican Pollster on Trump’s Undimmed Appeal

A Republican Pollster on Trump’s Undimmed Appeal

The fact that Donald Trump is the front-runner for the G.O.P. nomination in 2024 has created a chasm in our politics. In the past, Democrats and Republicans at least understood why members of the other party liked their chosen candidates. Most conservatives weren’t confused why liberals liked Barack Obama, and vice versa for George W. Bush. But for a lot of Democrats, it feels impossible to imagine why anyone would cast a vote for Trump. And as a result, the two parties don’t just feel hostile toward each other; they feel increasingly unknowable.Kristen Soltis Anderson is a veteran Republican pollster, a founding partner of the opinion research firm Echelon Insights and a CNN contributor. She spends her days trying to understand the thinking of Republican voters, including hosting focus groups for New York Times Opinion. So I wanted to get her insights on why Republicans like Trump so much — even after his 2020 electoral loss, the Jan. 6 insurrection and over 90 criminal charges. What really explains Trump’s enduring appeal?Mentioned:Researcher applicationAssociate engineer applicationGallup's Presidential Job Approval CenterBook Recommendations:Subtract by Leidy KlotzParty of the People by Patrick RuffiniWelcome to the O.C. by Josh Schwartz, Stephanie Savage and Alan SepinwallThoughts? 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 Kristin Lin. Fact-checking by Michelle Harris, Kate Sinclair and Mary Marge Locker. Our senior engineer is Jeff Geld. Our senior editor is Claire Gordon. The show’s production team also includes Annie Galvin and Rollin Hu. 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.

16 Jan 202448min

Should Trump Be Barred From the Ballot?

Should Trump Be Barred From the Ballot?

There’s this incredible dissonance at the center of our politics right now. On the one hand, all the polling suggests that Donald Trump is about to win Iowa Republican caucuses and the New Hampshire primary. He seems overwhelmingly likely to be his party’s nominee, and so possibly our next president. On the other hand, he could be constitutionally disqualified from taking office.Colorado and Maine concluded as much, and tossed him off their ballots. And now the Supreme Court is poised to take on this unprecedented question of whether a little-known provision of the Constitution, written in the aftermath of the Civil War, can bar Trump from running and scramble the election in 2024.The Times Opinion columnist David French has been on the show before, as both a guest and a guest host, to break down the criminal cases against Trump. This time, I’ve asked David back to make his case for why Trump is constitutionally disqualified. We discuss some of the biggest objections, what the Supreme Court is likely to do, and how the possible options risk destabilizing the country in different ways.Mentioned:Researcher applicationAssociate engineer application“The Sweep and Force of Section Three” by William Baude and Michael Stokes Paulsen“The Case for Disqualifying Trump Is Strong” by David French“Snakebit” by Nick CatoggioBook Recommendations:Operation Pedestal by Max HastingsInto the Heart of Romans by N. T. WrightManhunt by James L. SwansonThoughts? 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, with Kate Sinclair and Mary Marge Locker. Our senior engineer is Jeff Geld, with additional mixing by Efim Shapiro. Our senior editor is Claire Gordon. The show’s production team also includes Annie Galvin 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 Jan 20241h 2min

How to Discover Your Own Taste

How to Discover Your Own Taste

Being on the internet just doesn’t feel as fun anymore. As more of our digital life is driven by algorithms, it’s become a lot easier to find movies or TV shows or music that fits our preferences pretty well. But it feels harder to find things that are strange and surprising — the kinds of culture that help you, as an individual, develop your own sense of taste.This can be a fuzzy thing to talk about. But Kyle Chayka, a staff writer at The New Yorker, has written a whole book on it, the forthcoming “Filterworld: How Algorithms Flattened Culture.” We talk about how today’s internet encourages everything to look more the same and is even dulling our ability to know what we like. And we discuss what we can do to strengthen our sense of personal taste in order to live a richer, more beautiful life.Mentioned:“Quartets: Two: II. Warmth” by Peter GregsonAmbient 1: Music for Airports by Brian EnoBook Recommendations:“In Praise of Shadows” by Junichiro Tanizaki (essay)Seeing Is Forgetting the Name of the Thing One Sees by Lawrence WeschlerThe Mushroom at the End of the World by Anna Lowenhaupt TsingThoughts? 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 Rollin Hu. Fact-checking by Michelle Harris. Our senior engineer is Jeff Geld. Our senior editor is Claire Gordon. The show’s production team also includes Annie Galvin, Rollin Hu 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. And special thanks to Carole Sabouraud. 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 Jan 20241h 2min

Tired? Distracted? Burned-Out? Listen to This.

Tired? Distracted? Burned-Out? Listen to This.

I’m convinced that attention is the most important human faculty. Your life, after all, is just the sum total of the things you’ve paid attention to. And we lament our attention issues all the time: how distracted we are, how drained we feel, how hard it is to stay focused or present. And yet, while there’s no shortage of advice on how to improve our sleep hygiene, or spending, or physical fitness, there’s hardly any good information about how to build and replenish our capacity for paying attention.So for the start of the new year, I wanted to have a conversation with Gloria Mark, a professor at the University of California, Irvine, author of the book “Attention Span,” and one of the few people who’s deeply studied the way our attention works, how that’s been changing, and what we can do to stop frittering our attention budgets away.Book recommendations:“The Challenger Launch Decision” by Diane Vaughan“The Undoing Project” by Michael Lewis“The God Equation” by Michio KakuMentioned:We’re looking for a researcher to join our team. Learn more and apply here.And we’re looking for an associate engineer. Learn more and apply here.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.This episode of “The Ezra Klein Show” was produced by Claire Gordon. Fact-checking by Michelle Harris, Mary Marge Locker and Kate Sinclair. Our senior engineer is Jeff Geld. Our senior editor is Claire Gordon. The show’s production team also includes Rollin Hu 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.

5 Jan 202456min

Best Of: The Most Amazing — and Dangerous — Technology in the World

Best Of: The Most Amazing — and Dangerous — Technology in the World

“We rarely think about chips, yet they’ve created the modern world,” writes the historian Chris Miller.He’s not exaggerating. Semiconductors power everything from our phones and computers to cars, planes, advanced military equipment, and A.I. systems. Chips are the foundation of modern economic prosperity, military strength and geopolitical power.This conversation with Chris Miller, author of “Chip War: The Fight for the World’s Most Critical Technology,” was recorded back in April. But we wanted to re-air it, because what Miller lays out in that book, and in this conversation, is essential to understanding where we are in 2023, and the faultlines that will shape the world ahead. Because semiconductors have  one of the most concentrated supply chains of any technology today. One Taiwanese company, TSMC, produces around 90 percent of the most advanced chips. A single Dutch firm, ASML, produces all of the world’s EUV lithography machines, which are essential to produce leading-edge chips. The entire industry is built like this.That doesn’t just make the chip supply chain vulnerable to external shocks; it also makes it easily weaponizable by the powers that control it. In 2022, the Biden administration banned exports of advanced chips — and the equipment needed to produce those chips — to China, and then further tightened those rules this October. In August 2022, President Biden signed into law the bipartisan CHIPS and Science Act, which includes a $52 billion investment to on-shore U.S. chip manufacturing. China has invested tens of billions of dollars over the past decade to build a domestic semiconductor industry of its own. Chips have become to the geopolitics of the 21st century what oil was to the geopolitics of the 20th.In this conversation, Miller talks me through what semiconductors are, why they matter and how they are shaping everything from U.S.-China relations and the Russia-Ukraine war to the Biden policy agenda and the future of A.I.Mentioned:“The Problem With Everything-Bagel Liberalism” by Ezra KleinBook Recommendations:The World For Sale by Javier Blas and Jack FarchyNexus by Jonathan Reed WinklerPrestige, Manipulation and Coercion by Joseph TorigianThoughts? 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, Emefa Agawu, Jeff Geld, Rogé Karma and Kristin Lin. Fact-checking by Michelle Harris. 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 Pat McCusker 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.

26 Dec 202358min

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

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

The holidays are one of the most social times of the year, filled with parties and family get-togethers. Many of us see friends and loved ones who we barely — or never — saw all year. Maybe we resolve to stay in better touch in the new year. But then somehow, once again, life gets in the way. This is not an accident. More and more people are living lives that feel lonelier and more socially isolated than they want them to be. And that’s largely because of social structures we’ve chosen — wittingly or unwittingly — to build for ourselves.Sheila Liming is an associate professor of communications and creative media at Champlain College and the author of “Hanging Out: The Radical Power of Killing Time.” In the book, Liming investigates what she calls the “quiet catastrophe” brewing in our social lives: the devastating 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?This conversation was recorded in April 2023. But we wanted to re-air it now, at a moment when many of us are spending more time in the company of people we like and love, and remembering how good that feels (at least some of the time). If you feel motivated to have a more social life next year, hopefully this episode provides a clearer sense of the structures that might be standing in the way, what it would look like to knock a couple down, and what you could build instead.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.

22 Dec 20231h 14min

How the Israel-Gaza Conversations Have Shaped My Thinking

How the Israel-Gaza Conversations Have Shaped My Thinking

It’s become something of a tradition on “The Ezra Klein Show” to end the year with an “Ask Me Anything” episode. So as 2023 comes to a close, I sat down with our new senior editor, Claire Gordon, to answer listeners’ questions about everything from the Israel-Hamas war to my thoughts on parenting.We discuss whether the war in Gaza has affected my relationships with family members and friends; what I think about the Boycott, Divestment and Sanctions movement; whether the Democrats should have voted to keep Kevin McCarthy as House speaker; how worried I am about a Trump victory in 2024; whether A.I. can really replace human friendships; how struggling in school as a kid shaped my politics as an adult; and much more.Mentioned:We’re looking for a researcher to join our team. Learn more and apply here.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.This episode of “The Ezra Klein Show” was produced by Kristin Lin. Fact-checking by Michelle Harris, with Kate Sinclair and Mary Marge Locker. Our senior engineer is Jeff Geld. Our senior editor is Claire Gordon. The show’s production team also includes Emefa Agawu and Rollin Hu. 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. And special thanks to Sonia Herrero. 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 Dec 202356min

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