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.

Avsnitt(474)

An Unusually Optimistic Conversation With Bernie Sanders

An Unusually Optimistic Conversation With Bernie Sanders

Bernie Sanders didn’t win the 2020 election. But he may have won its aftermath.If you look back at Joe Biden and Bernie Sanders’s careers, the $1.9 trillion stimulus package, the American Rescue Plan, looks a lot like the proposals Sanders has fought for forever, without much of the compromise or concerns that you used to see from Senator Joe Biden. That’s not to take anything away from Biden. He’s the president. This is his plan. And it is to his credit that he saw what the country needed, what the politics of the moment would support and where his party had moved, and met it with full force.But Sanders’s two presidential campaigns are part of the reason that the Democratic Party had moved, and the politics of the moment had changed. And so I’ve wondered what Sanders makes of this moment. Is it a triumph? A disappointment? A beginning?And I’ve wondered about his take on some of the other questions swirling around the Democratic Party: Are liberals alienating people who agree with them on economics by being too censorious on culture? Is there room to work with populist Republicans who might be open to new economic ideas even as they turn against liberal democracy itself?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.Thoughts? Guest suggestions? Email us at ezrakleinshow@nytimes.com.“The Ezra Klein Show” is produced by Rogé Karma and Jeff Geld; fact-checking by Michelle Harris; original music by Isaac Jones; mixing by Jeff Geld. 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 Mars 202128min

Andrew Cuomo and the Performance of Power

Andrew Cuomo and the Performance of Power

Six months ago, Andrew Cuomo was on top of the world. He was touted as the anti-Donald Trump — the calm, fact-driven coronavirus leader the country needed. Now, amid allegations of hiding the true number of Covid-19 deaths in New York nursing homes and of workplace sexual harassment and abusive behavior, most of the state’s major Democratic politicians are calling for Cuomo’s resignation.Rebecca Traister is a writer at large at New York magazine and the author of “Good and Mad: The Revolutionary Power of Women’s Anger.” Last week, Traister published an extraordinary piece on the allegations against Cuomo. For her, the Andrew Cuomo story is a lot bigger than just Andrew Cuomo; it’s about the nature of toxic workplaces and the desire — even among Democrats — for strongmen leaders. And more than that, it’s about what we’ve been taught leadership looks like, and how the aesthetic of the tough, domineering male leader covers up, or contributes to, poor leadership.So I wanted to bring Traister on the show to discuss the details of the Cuomo story and its broader implications. We discuss what Cuomo has actually been accused of (including Traister’s own in-depth reporting), why we often mistake bullying for leadership, what blind spots the Cuomo story reveals among liberals, the trade-offs between projecting an aesthetic of power and actually governing, why white male rage is so accepted and even admired, the parallels between Cuomo and Trump, how this story recasts reporting on Hillary Clinton and Amy Klobuchar, the double bind faced by female politicians, and much more.Mentioned in this episode: "Abuse and Power" by Rebecca Traister, New York magazineRecommendations: "The House of Mirth" by Edith Wharton"A Tree Grows in Brooklyn" by Betty Smith"Another Brooklyn" by Jacqueline Woodson"My Ántonia" by Willa Cather"Then We Came to the End" by Joshua Ferris"All the King’s Men" by Robert Penn Warren"Unbought and Unbossed" by Shirley Chisholm"The Elephant and the Bad Baby" by Elfrida Vipont"The Church Mouse" by Graham Oakley"Tar Beach" by Faith Ringgold"The Highway Rat" by Julia Donaldson"The Complete 8-Book Ramona Collection" by Beverly Cleary"When You Reach Me" by Rebecca Stead"The Watsons Go to Birmingham--1963" by Christopher Paul CurtisYou 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.Thoughts? Guest suggestions? Email us at ezrakleinshow@nytimes.com.“The Ezra Klein Show” is produced by Rogé Karma and Jeff Geld; fact-checking by Michelle Harris; original music by Isaac Jones; mixing by Jeff Geld. 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 Mars 20211h 5min

Mark Bittman Cooked Everything. Now He Wants to Change Everything.

Mark Bittman Cooked Everything. Now He Wants to Change Everything.

Mark Bittman taught me to cook. I read his New York Times cooking column, “The Minimalist,” religiously. I bought “How to Cook Everything,” that red brick of a cookbook, and then, when I gave up meat, I bought its green companion, “How to Cook Everything Vegetarian.” He was like my cranky, no-B.S. food uncle.But now Bittman wants to do more than teach me, or you, how to cook. He wants to convince us that the whole food system has fallen into calamity. His new book, "Animal, Vegetable, Junk" is a stunning reinterpretation of humanity’s relationship to the food it forages, grows and, nowadays, concocts. It’s about the marvel of the modern food system, which feeds more than seven billion people and offers more food, with more variety, at less cost, than ever before. But even more so, it’s about the malignancy of that food system, which is sickening us, poisoning the planet and inflicting so much suffering on other creatures that the mind breaks contemplating it.Even as someone who is fairly critical of our modern food system, I wasn’t prepared for the scale or sweep of Bittman’s indictment. And I’m not sure I’ve bought into every piece of it. But it is bracing. And it raises profound questions about the relationship among humans, animals, plants, capitalism, technology and morality. So I asked him on the show to discuss it.Recommendations: "Classic Indian Cooking" by Julie Sahni"How to Cook Everything Vegetarian" by Mark Bittman"Lord Emsworth" by P.G. Wodehouse"The New Book of Middle Eastern Food" by Claudia Roden"The Old World Kitchen: The Rich Tradition of European Peasant Cooking" by Elisabeth Luard"The Optimist's Telescope" by Bina Venkataraman"The Wuggie Norple Story" by Daniel Manus Pinkwater and Tomie dePaolaYou 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.Thoughts? Guest suggestions? Email us at ezrakleinshow@nytimes.com.“The Ezra Klein Show” is produced by Rogé Karma and Jeff Geld; fact-checking by Michelle Harris; original music by Isaac Jones; mixing by Jeff Geld. 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 Mars 202148min

How America’s Covid-19 Nightmare Ends

How America’s Covid-19 Nightmare Ends

On Jan. 28, I published a column that began like this: “I hope, in the end, that this article reads as alarmism. I hope that a year from now it’s a piece people point to as an overreaction.”Today, that column, thankfully, does look like alarmism. Cases fell, and kept falling, even in places beset by new variants. The U.S. vaccination effort accelerated. And there’s going to be vastly more vaccine supply in the coming months.Few emotions are as unnerving right now as hope. No one wants to permit themselves optimism, only to be crushed when death tolls rise. But the case for hope is strengthening. And there are important policy reasons to take that case seriously.Dr. Ashish Jha is a physician, leading health policy researcher and dean of the Brown University School of Public Health. He’s been one of the clearest and most thoughtful voices through this crisis. And he’s feeling hopeful, too. So I asked Jha on the show to guide us through these next months, to help us see what he’s seeing. Don’t get him, or me, wrong: This isn’t over. But in America, things are going to feel very, very different in 45 days, for reasons he explains. And then comes another question: How do we make sure the global end to this crisis comes soon after?A note: This episode was recorded before President Biden’s March 11 address directing states to make all adult Americans eligible to receive Covid vaccines by no later than May 1; however, the timeline Jha and I discuss here is just as ambitious and its implications are just as promising.This is one Covid discussion, finally, that is not going to leave you feeling in despair.Recommendations: "LikeWar" by P. W. Singer and Emerson T. Brooking"The Autobiography of Malcolm X" by Malcolm X and Alex Haley"The Very Hungry Caterpillar" by Eric CarleYou 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.Thoughts? Guest suggestions? Email us at ezrakleinshow@nytimes.com.“The Ezra Klein Show” is produced by Rogé Karma and Jeff Geld; fact-checking by Michelle Harris; original music by Isaac Jones; mixing by Jeff Geld. 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 Mars 20211h 1min

What Does Toxic Stress Do to Children?

What Does Toxic Stress Do to Children?

Dr. Nadine Burke Harris’s pioneering work on how childhood trauma shapes adult outcomes led to her being named the first surgeon general of California. That was in 2019. And then, of course, the novel coronavirus hit. The job of California’s surgeon general in 2020 was not what it was in 2019. But in some ways, Burke Harris’s expertise was more necessary than ever.This conversation is about the growing evidence that difficult experiences we face as children reverberate in our lives decades later. It’s profound research that should reshape how we think about social insurance, public morality and criminal justice. But it’s also a conversation about what the coronavirus has done to children — whether this year will be a trauma that marks a generation, and remakes their lives. How has it changed socialization for toddlers — like my 2-year-old son? What has it meant for children who can’t go to school, who watched their parents lose work or who had family members die alone in a hospital? How do we help them? How do we even understand what they’ve gone through, particularly when they can’t tell us?We also discuss the lessons California learned from the early difficulties in its vaccine rollout (“simplicity saves lives,” Burke Harris says), why we need to be investing a lot more in mental health therapeutics, the debate over universal child allowances, how to address racial and income disparities in vaccine distribution, the drivers of vaccine hesitancy in Black and brown communities, what a safe path to post-pandemic reopening would look like, why Covid-19 cases have been declining across the country, and much more.This is one of those conversations that will leave you looking at vast swaths of public policy differently. Don’t miss it.Mentioned in this episode:The Deepest Well: Healing the Long-Term Effects of Childhood Adversity by Nadine Burke Harris“Roadmap for Resilience: The California Surgeon General’s Report on Adverse Childhood Experiences, Toxic Stress, and Health”“Relationship of childhood abuse and household dysfunction to many of the leading causes of death in adults. The Adverse Childhood Experiences (ACE) Study”“The prevalence of Adverse Childhood Experiences (ACE) in the lives of juvenile offenders”“Adverse childhood experiences and the risk of premature mortality” Recommendations: "Why Zebras Don’t Get Ulcers" by Robert Sapolsky"The Emotional Life of the Toddler" by Alicia Lieberman"The Woman Behind the New Deal" by Kirstin Downey"The Runaway Bunny" by Margaret Wise BrownYou 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.Thoughts? Guest suggestions? Email us at ezrakleinshow@nytimes.com.“The Ezra Klein Show” is produced by Rogé Karma and Jeff Geld; fact-checking by Michelle Harris; original music by Isaac Jones; mixing by Jeff Geld. 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 Mars 20211h 6min

Stop. Breathe. We Can’t Keep Working Like This.

Stop. Breathe. We Can’t Keep Working Like This.

We were promised, with the internet, a productivity revolution. We were told that we’d get more done, in less time, with less stress. Instead, we got always-on communication, the dissolution of the boundaries between work and home, the feeling of constantly being behind, lackluster productivity numbers, and, to be fair, reaction GIFs. What went wrong?Cal Newport is a computer scientist at Georgetown and the author of books trying to figure that out. At the center of his work is the idea that the technologies billed as offering us more productive, happier, socially rich lives have left us more exhausted, empty and stressed out than ever. He’s doing something not enough people do: questioning whether this was all worth it.My critique of Newport’s work has always been that it focuses too much on the individual: Telling someone whose workplace communicates exclusively via Slack and email to be a “digital minimalist” is like telling someone who lives in a candy store to diet. But his new book, “A World Without Email,” is all about systems — specifically, the systems that govern how we work. In it, Newport makes a radical argument: We are living through a massive, rolling failure of markets and firms to rethink work for the digital age. But that can change. We can change it.Recommendations: "Technics and Civilization" by Lewis Mumford"Five Things We Need to Know About Technological Change" by Neil Postman“A Continuous Shape” (video)"Andrew Henry's Meadow" by Doris BurnYou 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.Thoughts? Guest suggestions? Email us at ezrakleinshow@nytimes.com.“The Ezra Klein Show” is produced by Rogé Karma and Jeff Geld; fact-checking by Michelle Harris; original music by Isaac Jones; mixing by Jeff Geld. 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 Mars 202154min

What a More Responsible Republican Party Would Look Like

What a More Responsible Republican Party Would Look Like

If you watched this past weekend’s Conservative Political Action Conference, you heard a lot of debunked election conspiracies, dire warnings about “cancel culture” and unwavering fealty to Donald Trump. What you didn’t hear was much in the way of policy ideas to raise wages, improve health care or support families. This is the modern G.O.P.: a post-policy party obsessed with symbolic fights and curiously uninterested in the actual work of governing. But does it have to be that way?Ramesh Ponnuru is a senior editor at National Review, a columnist for Bloomberg Opinion, a fellow at the American Enterprise Institute and a Republican wonk who is pushing his party in a more responsible, policy-centric direction. We discuss:— Why Republicans have lost interest in policy.— Whether Trump would have won the presidency if Senate Republicans had passed a big stimulus bill before the 2020 election.— Why Ponnuru thinks the Republican Party’s 2024 hopefuls have learned the wrong lesson from Trump’s 2016 victory.— The conservative case for a universal child allowance.— Why so few Republican politicians have openly endorsed the Romney child allowance plan — and what that says about the tensions within the party’s coalition.— What it would take for Republicans to move away from being a “business owners’” party and toward being a “parents’” party.— Why Ponnuru thinks Republicans should support limiting, or outright banning, just-in-time scheduling practices.— Whether there was ever a mass constituency for Paul Ryan’s version of conservatism.— Who are the most important emerging voices on the political right today.And much more.Recommendations: "The Great Debate" by Yuval Levin"The Upside-Down Constitution" by Michael S. Greve"Popular Crime" by Bill James"The Chronicles of Narnia" by C.S. LewisYou 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.Thoughts? Guest suggestions? Email us at ezrakleinshow@nytimes.com.“The Ezra Klein Show” is produced by Rogé Karma and Jeff Geld; fact-checking by Michelle Harris; original music by Isaac Jones; mixing by Jeff Geld. 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 Mars 202158min

How the Texas Crisis Could Become Everyone's Crisis

How the Texas Crisis Could Become Everyone's Crisis

Last week, freezing temperatures overwhelmed the Texas power grid, setting off rolling blackouts that left millions without power during an intense winter storm. But this story is a lot bigger than Texas: Our world is built around a model of the climate from the 19th and 20th centuries. Global warming is going to crack that model apart, and with it, much of the physical and political infrastructure civilization relies on.At the same time, there’s good news on the climate front, too. The Biden administration has rejoined the Paris climate accords, pushed through a blitz of executive orders on the environment, and is planning a multitrillion-dollar climate bill. China has also set newly ambitious targets for decarbonization. Renewable energy is getting cheaper, faster, than almost anyone dared hope. And if you follow climate models, you know the most catastrophic outcomes have become less likely in recent years.I wanted to have a conversation about both the emergency in Texas, and the broader picture on climate. Leah Stokes is a political scientist at University of California, Santa Barbara, and author of the excellent book “Short Circuiting Policy,” which, among other things, explores Texas’ surprising history with renewables. David Wallace-Wells is an editor at large at New York magazine and author of "The Uninhabitable Earth," one of the most sobering, disquieting portraits of our future — though he is, as you’ll hear in this discussion, getting a bit more optimistic.We discuss whether the Texas crisis is going to be the new normal worldwide, the harrowing implications of how Texas Republicans have responded, why liberals should be cheering on Elon Musk, the difficulties liberal states are having on climate policy, the obstacles to decarbonization, the horrifying truth of what “adapting” to climate change will actually entail, why air pollution alone is a public health crisis worth solving, whether nuclear energy is the answer, and much more. I learned so much getting to sit in on this conversation. You will, too.Mentioned in this episode:“Migration towards Bangladesh coastlines projected to increase with sea level rise through 2100” by AR Bell, et al.“Inequity in consumption of goods and services adds to racial–ethnic disparities in air pollution exposure” by Christopher W. Tessum, et al.“Wildfire Exposure Increases Pro-Environment Voting within Democratic but Not Republican Areas” by Chad Hazlett and Matto Mildenberger“Prisoners of the Wrong Dilemma: Why Distributive Conflict, Not Collective Action, Characterizes the Politics of Climate Change” by Michaël Aklin and Matto MildenbergerRecommendations: "Short Circuiting Policy" by Leah Stokes"The Lorax" by Dr. Seuss"Under a White Sky" by Elizabeth Kolbert"The Ministry for the Future" by Kim Stanley RobinsonYou 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.Thoughts? Guest suggestions? Email us at ezrakleinshow@nytimes.com.“The Ezra Klein Show” is produced by Rogé Karma and Jeff Geld; fact-checking by Michelle Harris; original music by Isaac Jones; mixing by Jeff Geld. 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 Feb 20211h 20min

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