On the Shoulders of Giants - podcast episode cover

On the Shoulders of Giants

Aug 02, 202459 minEp. 702
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Episode description

Yuval Levin joins James, Rob and John Yoo to remind us of the Constitution's unifying purpose in the era of polarization and mutually held suspicions between the parties. His latest book, American Covenant: How the Constitution Unified Our Nation―and Could Again, disputes the prevailing pessimism as well as passive optimism, settling instead on a hopeful case for American coalition building.

Plus, the hosts discuss Kamala Harris's strange campaign strategy of running on "her" record, wonder why the kids are skeptical of abundance, and consider the appeal of 15-minute cities.

Transcript

Speaker 1

Or period. Poor poor carrier pigeons. Ask not what.

Speaker 2

Your country can do for you, Ask what you can do for your country.

Speaker 3

Mister garbashaw, tear down this wall.

Speaker 2

It's the Ricochet Podcast with Rob Long, John You and me James Lylyx. Today we talked to you of all eleven about his new book about the Constitution, how it unified America once and could do it again. So let's have herselves a podcast.

Speaker 4

I've known her a long time, indirectly, not directly very much, and she was always of Indian heritage, and she was only promoting Indian heritage. I didn't know she was black until a number of years ago when she happened to turn black, and now she wants to be known as black.

Speaker 3

Welcome everybody.

Speaker 2

This is the Ricochet Podcast, number seven hundred and two. I'm James Lylyx in a beautiful summer day in Minneapolis, Rob Long in Gotham, presume, and John You is joining us from California. Of course, the crucible of sanity in the modern world.

Speaker 3

I'm sure he's going to tell us all about that, gentlemen.

Speaker 2

Welcome, Hello, well, hi, James, Johns is right, that's what you do sometimes sometimes in radio and broadcasting. We like to say the more dead air, the better, But oftentime if we like to just kind of jump in there with something that just gets the ball rolling. The ball now seems to be rolling uphill for Donald Trump, downhill for Kamala Harris as she's vaulted to the front of

the race. She's America's sweetheart and without really anybody taking a look at the positions what not that she's had. But perhaps over the next couple of months we'll have the opportunity to revisit some old clips and see exactly whether or not those old positions are still being held. Do you think it's going to come back to buy? I mean, the New York Times is doing stories essentially saying, you know, she makes she made fudge on the stove.

Here's her seven tricks to keep it from from caramelizing. I mean, that's my favorite headline was one of the La Times.

Speaker 5

Uh uh, Kamala Harris is a knowledge of l A restaurants is large? Will that help her win the presidency? So okay, you guys all need to just just take a deep breath here and relax.

Speaker 1

I uh it was. It still made me laugh.

Speaker 6

Uh yeah, well, I thought the Times recipe would be camealized onions by now.

Speaker 3

Very good, very good.

Speaker 6

I thought I would replace I'm sitting in for Steve Hayward. I mean, you know, Peter Robinson gets to sit in for Steve Hayward. But now I'm sitting in for Steve.

Speaker 3

That's right, all right.

Speaker 2

Well, now that you are sitting in, let's uh, let's let's put it to you. Do you think that? I mean, you were there in California. You saw exactly what she was able to do for that state. Tell us what her what her California record might be, how it might be introduced to the rest of the country, what it was.

Speaker 6

I have a piece up this week about her record as district attorney attorney general. First, I think people are going to see the bad campaigner she was in twenty twenty, wants all this you know, happiness, it starts to maybe it won't end, but all this happiness in the media starts to end. Because I think she's the typical of a California politician. We live in a one party state, so she's never had to run a tough race before,

and so I think that's why. I think that explains all the malapropism, weird stame a is goofy character because if you're Kamala Harris, you've never had to run against a tough candidate.

Speaker 3

But the broader.

Speaker 6

Issue is when people start to look at her record. I think it's a mistake actually for Democrats to be praising her as a prosecutor, because once people see the decisions she'd made back here, they're not going to be happy. There are some very well known cases in California. For example, there was an early in her tenure there was a guy who killed a police officer, severely wounded a partner.

His partner, she would seek the death penalty. Another example where there's an illegal alien who is an MS thirteen gang member, walked into a communie store, killed the owner, shot up the two sons, and she didn't seek the death penalty. She had a I think she had a very lax attitude towards crime. So all this talk about her saying, oh, I know Donald Trump, he's a felon, and I know felons, I think that it's inviting the

wrong kind of scrutiny. Once America's who I worried about crime, particularly in California, see the kind of progressive attitude she had. Plus then you can get into stuff she dies as senator, where she's calling for donations to bond funk bail, fights for Black Lives Matter, and so on.

Speaker 3

So I think this is and where where might that have been? John, Do you remember?

Speaker 6

I think somewhere up there in the north somewhere I know there's like white stuff that's called somewhere where the people comes out of the air. It's like water falls from the air in solid form, things like.

Speaker 3

This, God's Dandre amazing. Yeah, that was here.

Speaker 2

That was the bailphone with the people who were who were burning down the streets and burning down the buildings, and she was telling that we need, you.

Speaker 3

Know, basically more of it.

Speaker 2

That the riots shall continue until we have equity spread and evil even laer across the land. So yeah, there's that. But again again, if all we get is happy warrior energy and smiles and no real particular investigation from the media, then I think a lot of you know, the vast middle that needs to be persuaded, may just say, well, she looks like more fun time for a wine on for for for a president.

Speaker 3

Why not? And I don't want that crazy old guy.

Speaker 2

So I mean yeah, Now, so Rob, where do you think the Trumps, the Trump campaign goes from here?

Speaker 1

Well, they better get it together.

Speaker 5

It should come as no shock that you're not going to find for a progressive Democrat, really incredibly aggressive need coverage. That should not be surprising to them. They didn't get it for under Biden. They're not going to get it under when Kamala Harris is running, uh, and they need to focus and she's giving them all sorts of openings and they just seem to be focusing on a lot of stupid stuff at this point. Look, he got on a hundred days, less than hundred days, so it's sprint. You

don't have any time for throat clearing. Everyone in America should know about every single one of those cases that John just mentioned that they should.

Speaker 1

The nasty term is to Willy Horton.

Speaker 5

But people forget that Willy Horton story was true, that he did he was fur.

Speaker 1

Load from prison, and he did commit crimes, to commit murder.

Speaker 5

That the reason that that worked was because there was no response from the Democrats and for the candidate then, and the most governor of messages is Michael Lucaucus.

Speaker 1

To actually defend the the the process of furlough. He didn't. He just ran away from it.

Speaker 5

It is and crystallized the difference between liberal and conservative voters for liberal conservtive voters on law and order issues. So everyone every time that this sort of like clown car of a Trump campaign starts talking about anything other than her record, they are wasting time and they have very little time left.

Speaker 1

The problem with Trump.

Speaker 5

Is it's integral to the Trump campaign. A lot of people don't like him. That is a real problem for him, and they know him well, and what he needs to do is not remind them about all the reasons they have to not like him. They should be reminding them of all the reasons they can't in good conscience vote for this extremely liberal, extremely progressive alternative. And they see me failing at that now, which is surprising to me because you know, just go you go back to the debate.

Speaker 1

That debate, everybody focused on Biden.

Speaker 5

I said this at the time, and yeah, you're right, it's terrible for Biden, but they forgot that it was absolutely terrific for Trump, not just because Biden was a dottery old man, but because Trump was controlled. I mean, he had a little trumpy near the end, but you know, we take our wins and we can find him. But he basically held the line. He argued passionately for things

that he believes in, and he connected with voters. And I'm starting to believe that that is the singular moment of campaign discipline we're going to get from this candidate in that campaign. And if that's the case, it's going to be a disappointing election night for him. I suspect, and again always the problem to think about it. It's a gift, Kamala. Harrison's got to run on a record which is not great if you're a moderate or a centrist or conservative, which is what most of the country is.

All Donald Trump has to do is just to stop being a jerk and stop reminding us how what a jerk Donald Trump is and how tiresome me is. That shouldn't be that hard, and yet it seems to be a stumbling block for this candidate.

Speaker 2

Would you say that people don't like Trump, that's true, but they don't like him for his personality, not necessarily his politics, his policy preferences, which can.

Speaker 3

Be you know here there in the other place.

Speaker 2

So do we have a situation then where people say I don't like him, therefore I'm going to vote for the person who is completely opposed to just about everything I happen to believe in, from energy policy to gun policy to yeah, aliens getting to illegal aliens getting you know, free healthcare, all of these things I.

Speaker 3

Just don't like.

Speaker 2

I just don't like this guy. So I mean, and I know there is that element. I'm going to feel good about myself because I feel good voting for this person because it is a virtuous thing to do. But you do have a fairly stark policy difference.

Speaker 5

Yeah, but I would just say, right, there is the problem, and Drama was going to hear, right, there is the problem. It's the problem for the Trump campaign is that when you start to say that people are going to vote for Kama Harris so they don't like Trump our idiots or fools.

Speaker 1

Emotional, I know, but that's what they are.

Speaker 5

You start doing that, you stop listening to why people don't like you. And that is that is exactly how the liberals got in a position they're in now because everybody who said I don't really like those Liberals, they instead of listening to that, no Democratic party listening to America, they decided to steamroll over them.

Speaker 1

That is not a recipe for success at the ballot box.

Speaker 6

I operationalize what Rob is saying. I think it's pretty simple. They could make a quick fix, which is usually in campaigns the vice president is the attack dog and the president is the one who sits back and puts out the positive program for the future. Right, doesn't engage directly in all this identity stuff. You know, I watched that black journalist conference with the interview, and Trump likes paying

the attack dog. They should be sending jd Vance out to do that kind of stuff, and Trump should turn to a more positive That's just traditionally what happens in presidential campaign. Strangely, it's the reverse, right. You hear people say, oh, they picked Dvance because he is the broad vision for what the party is going to be in the future. Yeah, the roles, it's very strange. And the Trump campaign could

easily change that. And I think that would have that would actually take what Rob's talking about and put it into sort of real campaign practice. It'd be easy, excepting you'd have to have Trump to And this brings me to just one other point is the Trump campaign officials, they may sadly look back on the days when Trump Trump was a defendant with fondness and as the good old days, because then Trump couldn't speak all day. He was limited to this kind of two minute sound bites

when he was walking into an out of court. And that's when Trump was doing the best because he couldn't talk that much. The court forced discipline on him. And that's the hard thing is that if they could switch the president and vice presidential roles and then Trump, I mean, this is wishing for a candidate that's not there could be more disciplined at it, then it would be a Then it would be a good campaign.

Speaker 3

Yes, we're always looking at the candidate. We don't have to go ahead run.

Speaker 5

No, that's absolutely true. The structural problems are sort of baked in obviously to the Trump campaign. But it's not as if there isn't past performance that you can use to you know, as they say, and they say they won't do in the finance, but they should do in campaigns. When did he lose in twenty twenty, And he did lose in twenty twenty. He lost after the first debate, and the campaign officials knew because they had focus groups and numbers of Republican men and Republican women in Wisconsin

and Arizona and Georgia who turned off of Trump. That is what happened, and they were perfectly. They have trained the Republican voter to go into the ballot box and to vote for the down ballot candidates with that are by their name, and to leave the top slot blank. That is a dangerous thing. You don't want. You don't want your voters to be doing that. And there It isn't that hard. I mean, it's not like we've seen this, We've seen Trump do.

Speaker 1

It's not like he can't do it. It's just that he won't. And that is I don't know.

Speaker 5

If that was in the Trump campaign, that would worry me more than the JD. Van's stuff, More than anything else. It would worry me that the most disciplined days of the Trump campaign seemed to be over.

Speaker 3

Well.

Speaker 6

One other thing about oh sorry, just one little small point is he suppose Harris does great, and she is doing great right now. We shouldn't like pretend it's not happening. But all she's doing, if she succeeds, she will just get the race back to what it was before Biden's disastrous debate performance. It's still going to come down to six or seven battleground states, and the country's close, and it's divided, and it's going to be decided by a pointer two. And so that's the other thing is Trump

really should be focusing just on those Midwestern states. The polling I saw come out in the New York Times today, it just seems to show that Harris has just come back to even in all those battleground states. But I don't think Trump's going to be winning Minnesota now, Sorry, James.

Speaker 2

Is she doing great or is it just being announced that she is great? I mean, we get this flood of relief from the media that they have this wonderful, charismatic, smart, braddy, confident meme, goddess gout you know who can do it? So is she doing great because of anything other than she's a beaming alternative to the doddering old man that

they had before? And I mean, yes, you're always going to get a bounce when you introduce somebody new who comes in who's younger, has got a little bit more, it has more vibrant energy in the rest of it.

Speaker 3

Before the honeymoon fades and people get tired of it.

Speaker 2

But I mean, doing great. I don't think right now has anything to do with what she's said or she's.

Speaker 6

Raised three hundred million dollars and the parties unified behind her, and she's starting to restore support in the Democrat for the Democrats amongst minorities women. I mean, this is I'm not saying she's doing better than they did in twenty twenty. She's just getting them back to the same start line is twenty twenty. But that's that's an achievement because Biden was going to get trounced.

Speaker 5

I mean, look, I mean four weeks ago, I mean, it's probably about eight weeks ago. It was a it was absolutely de facto truth that everybody knew projecting forward that either one of these parties replaced either one of their top candidates with almost anybody, they would get a bounce because the negatives were really high on all of these candidates. And one party did it kind of halfway, not really, but they kind of did it.

Speaker 1

And that's what you're seeing.

Speaker 5

I mean, we would have predicted this with person X at the top of the side on either side, so none of this is a surprise. All of the problem is it in a compressed timeline, which is what this is. You don't have that much time to define your candidate.

And luckily for Kamala Harris, Trump defines himself in the negative constantly, and instead of defining her and I get you know that bill, that list of all of those people that she was ill served as Attorney General of California, instead of having those be household names, what about this person?

Speaker 1

What about that person?

Speaker 5

What about those two kids in a store? We're talking about whether her father is Jamaican or whether he's like half Indian. Like this nonsense, waste of time. And if they brought it up, they started it. They need to like get there, They need to get back into control.

Speaker 1

And they are not. They do not look to me like they're doing it.

Speaker 2

You know, I might have not have been the best way to spend the week, but at some point, since ethnicity and identification and all these things are of absolute critical importance. Right now, it is a fun conversation to be had, but not at the moment because our guest is here. You've all leven the director of Social, cultural and Constitutional Studies at the American Enterprise Institute.

Speaker 3

That's the AIE. Of course.

Speaker 2

He's the founder and editor of National Affairs and the author of seven books, The most recent, published earlier this summer, is American How the Constitution Unified our Nation and could again you've allved, thanks for joining.

Speaker 7

Us, Thank you very much for having me.

Speaker 2

Well, you know that the title of the book presumes that there is a period of unification behind us, in a period of constitutional unification that could be before us. So that would mean we are in an interregnum of constitutional disunity. How would you describe where we are right now Visa VI, that old piece of bellum.

Speaker 7

Yeah, I think that's a good way to put it. I mean we are in a moment when we are not unified about or by the Constitution in the ways that we ought to be. And I think a lot of Americans recognize that we're very divided, but tend to think that the Constitution is the reason and are frustrated by the various ways in which it holds them back

when they win elections or when they have ambitions. And rather than see that the Constitution is a solution to the kind of division we have now, they tend to see it as the problem, Michaal in this book is to help people see that, in fact, the Constitution is much more like the solution than the problem that it exists to help address exactly the sort of problem we have, which is the challenge of holding together a diverse and divided society, and that to the extent we're living through

a period of constitutional failure, which I think we are to an extent, it's a failure of constitutional practice and not of constitutional design, and therefore it calls on us to reacquaint ourselves with the structure of the system and what it might have to teach us. And that's what I hope this book might help to do.

Speaker 5

Hey, you boy, can I try a little theory on you? You can tell me if I'm bull of it.

Speaker 1

I mean, John already's rolling his eyes. I can see.

Speaker 5

In the strength of the Constitution, this strange document that we still argue and fight about.

Speaker 1

I mean, I don't think there's another document.

Speaker 5

Maybe since the Gospels, that people have been reading and rereading and fighting over. In software engineering, right, there's this two big categories of how you put together a giant software project. Right. One is called agile and one's called waterfall. Waterfall is you go step by step, you accomplish one component, and you move the next component, and you move to the next component.

Speaker 1

You just kind of chip away in it that way.

Speaker 5

An agile is you kind of you start before you've got everything taken care of, and you just get going, and you know that there are weaknesses.

Speaker 1

You can have to fix those later.

Speaker 5

But the idea is to keep going and you create a document that is both incredibly resilient, or you create a product incredibly resilient but also has problems that need to be fixed over time. But the point is you got it going and everybody kind of agreed on the big vision. It feels to me like in terms of the software, the code for the United States of America, which is the Constitution, that it's an incredibly brilliant piece

of agile coding. And every argument we have about it, when people talk about how well this is, like, well, this is our problem. We're still fighting over this. We're still fighting over the Second Amendment. I think that is the great act, that great strength of the Constitution, right that we're still going to fight over it, and our grand channel will fight over it.

Speaker 7

I think it's absolutely right. It's a really good metaphor for how the system is meant to work, and it's intentional in a lot of ways. What you see when you look at the records of the Constitutional Convention is that the framers of the Constitution dealt with some very serious problems by containing them as tensions within the system. Right, were they going to empower the large states or the

small states? That seems like a stark choice to make, but their answer was, yes, We're going to empower the large states and the small states, and the fights between them are going to be essential to the political life of our society. Right. Is the President of the United States an elevated head of state or is the president

a kind of glorified clerk. Well, the answer is yes, the president is both those things, even though that's obviously contradictory, and the presidency is a contradictory office about which we fight constantly and unendingly, and a lot of the most significant and kinds of tensions that occupy us as Americans in our political life are contained within the structure of the Constitution. What that allows the system to do is to is to shift its weight as it needs to

without losing its balance. It's extraordinarily precisely agile, because it allows us to emphasize different things at different times. There are moments when we need a strong president to respond on behalf of the country to dangerous problems. There are moments when we need Congress to be stronger. And a lot of the arguments we can have are about how to rebalance and shift the weight of the different parts

of the system. I think those are a lot of our arguments now, and it's a sign of strength in our system. We underestimate the stability and strength of the American system. We've had the same institutions in America since seventeen ninety. There's no other country that can say that about its governing institutions.

Speaker 6

You've all. What strikes me, why it's John you, I'm sitting in for Steve Hayward. What strikes me is I could see a youngster reading this book and going, You've all you don't know what time it is, right, that's their big frame. It's so you know, the both the left and the right, young people on the left and the right all have you know, reject the constitution. Right, the left is so influenced by the sixteen nineteen project.

This is the work of racist and sexist oppressors. But also on the conservative side, there's this big movement, you know, saying, you know, the Constitution is also holding us back. You know, we should be advancing conservative social values despite originalism and despite all these ideas that tried to create a neutral approach to the Constitution. These last week, it seems like everybody wants to go beyond the Constitution. Now, how do you respond to them?

Speaker 7

You know, the book very much speaks to exactly those younger people. And one thing I would say is, I'm a conservative, so I think it's always the same time. It's time to raise another generation of Americans to be decent human beings and good citizens. That's always our challenge. That was your grandparents' challenge, and it's going to be your grandkid's challenge, and it's your challenge.

Speaker 3

And I think a.

Speaker 7

Lot of what you don't know what time it is kind of arguments on the right now are a form of escapism from responsibility. They want to say, well, this was how we used to work, but now all the rules have been broken, so we don't need to worry about the rules either. Well, no, they're still here. We still need them. They still answer questions and challenges. They're always with us, and we have to recognize that the burden of sustaining this system is the privilege of being

an American citizen. But more than that, I think the objections, in a sense, the objections that you find in the Constitution on the left are familiar, and the book treats those at great length. They're the same kinds of arguments that the progressives have been making for more than one hundred years about the Constitution, that it's not democratic enough, that it's not sophisticated enough to govern in the modern world. I disagree the Constitution is more sophisticated than these critics

are about the nature of the liberal society. The conservative critiques are a little newer, and I think in some ways they're misguided about the character of democratic life and of our constitutional system. At the heart of a lot of them is this notion that the Constitution is empty proceduralism, that it doesn't have moral content, it's just about a set of procedures and rules. And I think the whole idea of empty proceduralism is completely confused. There's actually no

such thing as empty proceduralism. What procedures do is create habits and virtues and facilitate moral formation. Just think about if you want to speak for the Western moral tradition, which they do, and if you want to say you're speaking for the tradition, the classical Christian tradition that reaches back to Aquinas and Aristotle. In that tradition, the way in which we become morally formed is by being habituated to practicing the virtues. And what is the mechanism for

a bituation. It's precisely what they call procedure. It's the rules that govern how we engage with each other. And constitutional procedures make us into citizens that respect each other's equality, make us into people with some humility and some patience and ability to deal with difference and confront one another in a way that points to some constructive common action

that is deeply morally formative. I think the arguments on the right about the nature of the Constitution are just very confused.

Speaker 6

You just put a practical point on it as abortion. So it sounds to me like you would support the idea of Dobs that abortion should be sent back to the States where we can all fight about it politically. Because both conservatives and liberals want Congress to pass an abortion bill, right, just in different points of the spectrum.

Even conservatives now are talking about passing a federal nationwide pro life bill, just in the same way liberals want to pass a restoration of ro versus Wade in Congress.

Speaker 7

Yeah, and look, I think that that's the venue where we have to argue about questions like that. It's not up to the courts to decide what our laws should be. What our laws should be is the fundamental political question, and that means we have to decide it together in those arenas where we can actually engage with each other, compete with each other, negotiate with each other. And that has to happen in the legislature.

Speaker 1

Hey, I have maybe a political cultural question now.

Speaker 5

Obviously, the first ten amendments, a first ten amendments Constitution happened all kind of at once, right, and then there's a bunch more kind of in a cluster. And then there was a couple around the Civil War periods, the Civil War era kinds, and then there were there's a bunch of them around turn of the last century that

were with suffrage and prohibion things like that. And then kind of a quiet period where it just seemed like whenever you say to people, well, you could have a constitutional amendment, they kind of rolled their eyes, like, well, man, that's just never going to happen.

Speaker 1

Two thirds of this two there's never going to happen.

Speaker 5

Are we going to Are we entering a phase when that is true, that this is the idea of like galvanizing a giant majority of Americans to do this thing and throughout all these different houses of government state houses and uh and and federal chambers.

Speaker 1

Or is it cyclical?

Speaker 5

I mean, could we look at another period in the next ten twenty thirty years where we reminds us of those turn of this turn of the twentieth century spate of some of them were really dumb, but we managed to get him through.

Speaker 1

I mean nobody.

Speaker 5

I don't think anybody's really arguing for prohibitions, certainly not John Hughes.

Speaker 1

Not sure to get you up in the morning.

Speaker 6

Are you add more stuff just telcohol?

Speaker 7

John wants to mandate drinking exactly.

Speaker 6

I mean, how it's easier would be for us to agree if we.

Speaker 5

All have the I mean, I guess that's what I'm saying, is like, is it I mean, is the idea that I always say to people when they complain of I'm like, hey, listen, constitutions a living document.

Speaker 1

You can amend it. You can amend it.

Speaker 5

And they'll call, you know, come on, that's not realistic. Is it not realistic? Or is it cyclical? Or is it something that happened in the past and it is possible to happen now.

Speaker 7

Well, I think the Constitution allows us for allow us for a lot of room for political decision making, for changing the rules that govern the workings of American government. Without a constitutional amendment, we've, as you say, the amendments of common bunches generally, and the last real bunch of

amendments was the Progressive Amendments. We had a series afterwards in the middle of the twentieth century to sort of fix a couple of things, presidential succession and so on, lowering the voting age, and there was the final so far, the twenty seventh Amendments was almost symbolic really as part of celebrating the two hundredth anniversary of the Constitution. The last real amendments fifty years ago, and that is a long time.

Speaker 3

I have to say.

Speaker 7

For one thing, I'm I'm a conservative, and therefore I don't really see a lot of problems to which a constitutional amount would be a solution. I don't think it's obvious now that there are some essential amendments. I think a lot of the problems of our political culture are functions of things we can change without constitutional amendments. The nature of the electoral process and especially the primary system,

the way Congress works. We don't have broad majorities for anything in American public life right now, so the notion that we would have a broad majority for a constitutional amendment is a little hard to imagine.

Speaker 3

But these things do change.

Speaker 7

American party politics work in phases, and I can certainly imagine that twenty five years from now we're in a different enough place where there's public pressure for amendments. I shudder to think what those would be, frankly, but it's possible. I don't think that in this moment where we are now, those would be possible, And I think the pressures we do see actually reinforce the wisdom of the original structure

of the Constitution. You know, the Biden administration wants to limit the terms of Supreme Court justices.

Speaker 5

To ask about to ask that that collection of quote reforms unquote Yeah.

Speaker 7

I mean, look, I think those ideas are exactly an example of why we have lifetime tenure for judges. When you tell people people as wise they're left time tendre you say, well, you want to protect them from pressure from the political branches that would try to kick out judges that make decisions they don't like. And people say, well,

that wouldn't happen. Well, that's literally what's happening now. What the Democrats want to do here is exactly why there is lifetime tenure for judges, and exactly why we have to retain lifetime tenure for judges.

Speaker 6

I think isn't it fair to say that Donald Trump, Yes, he's accused of being a threat to the constitution or democracy, even though we live in a republic not a democracy. But when you read about what the Democrats want to do, aren't they the ones threatening longer term damage to the constitution, right term limits on the justices. Kamala Harris back in twenty twenty said she supported court packing these ideas about it. They also want to get rid of the electoral college.

They talk about getting rid of the filibuster, adding Puerto Rico and Washington, DC as states. I mean, I mean, this is actually kind of like what Rob was talking about before the big burst of progressive constitutional amendments were designed to get rid of more guardrails pure democracy. Isn't that what progresses want to do again right now? And

is it? Kamala Harris the right she is the phalank had phalanx in that movement to undo this constitutional order your favorite with It's just the Supreme Court termlament thing is just the first of what they have in mind.

Speaker 7

I think what's always been striking about the progressives is that they go at the Constitution head on. They openly dislike the system and want to change it in fundamental ways. When to undermine it fundamental ways, And I do think a lot of what they're talking about here are direct attacks on all of the countermajoritarian parts of the Constitution. The Constitution exists of balance majority rule and minority rights.

All of the ways that restrain majority rule are under attach now the Bill of Rights, one by one who they're working their way through the first Amendment from religion to speech and on from there. They talk the same way about the Senate, now about the courts the electoral College. As you say, it's a strategy that seems rooted in this weird notion that they're the majority, which I actually don't think is correct. But in any case, that's always

been how the progressives have thought about it. I think there is a danger to the Constitution from the kind of the approach that Donald Trump had to the presidency. He was just not cognizant of the boundaries on the president and didn't care much about them. I think that's bad too. But there is a kind of direct assault on the Constitution, a knowing assault on it, that is

much more characteristic on the left. But as you said at the beginning, John, there are now threats to the Constitution from both left and right, and we all need a reminder of what the Constitution is, for why it works the way it does, Especially the parts of it that are most frustrating two narrow majorities, which are the only kind we have now, are the parts of it that we have got to sustain and remind people about, because those elements are what allow our system to keep

its balance. The Constitution is meant to frustrate narrow majorities, to force them to grow, and to empower only broad majorities. That's the distinct feature of the American system. It's not like parliamentary systems in that way. I think that's had a lot to do with its durability.

Speaker 5

I always have a problem with my friends are like talk about I mean, I get a lot of crap on this podcast from people like John You about being a rhino. But you know, when I talk to my liberal friends, my very liberal Democrat friends, always say to them, your MVP of the Democratic parties, Joe Manchin, the MVP of the Republican Party, are all the rhinos like me?

Speaker 1

You need it, That's the way the system works. You don't like it.

Speaker 5

I guess we need a prime minister. We're not going to get one. This is the way the system is. And it always stolished to me how quickly we forget that.

Speaker 7

Absolutely. Our system does not trust narrow majorities. And the reason for that is very straightforward. Majorities can be dangerous.

Speaker 3

It's true.

Speaker 7

Majority rule is necessary to legitimate political power, but it's also dangerous, and the Constitution deals with that by standing in the way of narrow majorities so that they are forced to grow.

Speaker 1

And some.

Speaker 7

Of the institutions built up around it, like the filibuster, which I think is very important to protect and sustain, are also they work that way. All the bipartisan legislation of the twenty first century has basically been a function of the filibuster, and the idea that getting rid of it is what twenty first century American politics requires strikes

me as just crazy. There's an assumption at the bottom of a lot of progressive arguments that there's this big majority out there and it's being held back by the system. But the problem we have is that there's not a majority for anything, and we need to form majorities. That's what the Constitution can help us to do.

Speaker 2

We were speaking before about the right not liking the Constitutions parts of it because it was just procedural, and you were right and correct to say that the entire document is suffused with the philosophy at the times like a building, the framework, the structure, the girders, or the spirit of Western civilization, and the procedural stuff is the cladding that goes up on top of that.

Speaker 3

We see.

Speaker 2

But I wonder if you had a constitutional convention, as so many people seem to want to, are talking about, some way of getting our arms around this thing and

making sure that it's adaptable for its next century. I think that the right, I would fear less having a constitutional convention, because I think the instincts of the right would be still to constrain the power of the state and have rights be natural rights, and that the left would wish to enshrine in the Constitution any number of an innumerable number of little detailed rights which the state provided,

guaranteed and was the source of. And maybe that's the difficulty that we're talking about here when you say that there's not a majority for these ideas.

Speaker 3

Well, they don't believe that.

Speaker 2

If the left may not believe that there is a majority for these things, but more importantly, they are correct, and therefore the things that stand in the way of all of these things being manifested in the country are illegitimate and immoral and possibly evil and the rest of it. And that's why they would shread nearly any single aspect of the Constitution that got in their way, whereas I don't fear that from the right.

Speaker 3

So I agree with that.

Speaker 7

I think that well, I would be worried about a constitutional convention from all directions. I think that opening up the document in a way that some people suggest, and just having a free for all about what it ought to be would not serve ce well in this moment. But I would certainly fear the left more than the

right for just the reasons you're suggesting. I think the Constitution was written in a very peculiar moment in American history, where there had been five years of war in the Revolution, war against government that was seen as overly powerful and domineering. And then there were five years after the Revolution in which there was total pandemonium and government was too weak

and ineffective. And the Constitutional Convention responded to both of those problems, and so was aware of the dangers of weak government and strong government at the same time, and sought for some kind of balance between the two. It's very hard to imagine that at any other moment in American history we would have produced quite that kind of balance, and so I think for that reason, it's a good

thing that it's hard to amend the Constitution. Sometimes we need to, but we should be very wary about opening it up.

Speaker 2

I think it's great. I mean they say the center to the place where the passions go to be cooled. I mean the Constitutional Amendment brought is it process is the deep freeze in which things are packed in ice and the good luck getting out of that. Which is good because, as you noted, it came out of a very unique time. But at the same time we seem to have been blessed by not only a time that produced this unique document, but the temperaments the people who

crafted it and to understood it. And that's what baffles me about the people who want to tear it up and start all over or just tinker it into oblivion. Is that human nature, what they discern, what they knew about human nature and human systems at the time is hardly irrelevant and outdated today.

Speaker 3

They haven't, they.

Speaker 2

Haven't changed, and they exist to this day. And there's a lesson in that that an ahistorical generation seems completely delighted to ignore.

Speaker 7

Yeah, I think the notion that it's old and out of its time is the most wrong thing about the critiques that people offer about the Constitution. The Constitution is I think more sophisticated than its critics about the most difficult challenge that faces every modern democratic society, which is

the challenge of cohesion amid diversity. The United States is you know, The most popular kind of critique among political scientists of the Constitution is a kind of comparative critique that looks at Norway or Denmark and says, well, these systems are more directly representative and more proportional. The very idea that we could even think to compare our government to Norway's is an example of how effective the Constitution is. The United States is not like Norway. It's like India.

It's like it's like Brazil and Mexico, except it's much better governed than those places. It's a vast democracy that works so well that it could compare itself to Denmark. And the fact that we're able to do that is a function of the incredible sophistication.

Speaker 6

That's crazy. I don't ever want to compare anything we do to Denial. Yeah, well look than Denmark.

Speaker 1

This is a legit. What's a real question. I really I've always wanted this.

Speaker 5

I get that they were really smart guys. You know, I was forced to read the Federalist papers in college, and so I get that they were smart. But the idea that they were the architects of this system that works at this scale, like at the scale that the United I mean, the reason that we are not like Norway's because we have Norway here too.

Speaker 1

It's up there somewhere close.

Speaker 5

To where James lips and we have a little bit of Mexico down there.

Speaker 1

I mean, we have everything.

Speaker 5

And the idea that these Do you think these guys had an idea that this country was going to be loud and fractious and noisy, and that we needed a system that was going to be able to contain that and channel that. Or do you think they just thought, hey, listen, you put people in a room together, no matter what their background is, they're going to fight. Sometimes the most bitter, the bitterest arguments are between family members.

Speaker 1

So so this works at scale.

Speaker 5

It works when we have, you know, thirteen colonies, works when we have a population of one million, we have two big cities, and it works when we have twenty seven big cities.

Speaker 1

Is that did they know? Well?

Speaker 7

I certainly think they didn't know quite how the United States would grow. I think I think they didn't have a conception of what it could be in the twenty first century. But I do think a number of them had a very strong sense that the United States was destined to be a great world power had a real sense that it was going to grow geographically and demographically. You know, Alexander Hamilton talks about the future of the country in a way that is extraordinarily modern and far seeing.

They didn't know exactly how, but I think they were building for durability and growth. And they had a sense that politics is always contentious, that it is about fighting, and therefore the system has to be built to contain tensions but also facilitate constructive fighting. And that is an insight that has served us very well. It's remained true. And you know the United States, I mean Americans, I

think we always exaggerate our internal differences. We say, well, we used to be, you know, this one homogeneous society back then, but now we're so diverse and different. I think we're kind of wrong on both ends of that. The America of the late eighteenth century was quite divided and fractious and felt diverse to itself, and the America of the twenty first century. I mean, look, if you spend a few weeks abroad and then run into an American somewhere, you know that person's an American in five

seconds from across the room. We have a lot in common, and it's not only when we agree with each other, when we're from the same place. There is absolutely such a thing in the world as the American character, and in a lot of ways it's a function of our constitutional system and of our political culture.

Speaker 6

Thank you all. What comes next. So there's an influential theory out there that says, you know, American history goes in these kind of cycles, and where you're at the end. I feel like we're in one of these, Like at the end of the ancient regime, the way things have run for a while decades comes to an end. They say, you get these years of closely divided elections where nothing happens, people get more and more frustrated. Then some kind of crisis occurs and we kind of break through that, and

then a whole new system comes into existence. So they say Reagan was like that, FDR was like that, Lincoln and Jefferson going back. You know, those are the major points. Don you feel like we're in that now? And if that's true, what's going to be what's going to replace this kind of close elections, bitter divisions, polarization, which you know, what you see at the end of a cycle. What's the next one going to look like?

Speaker 7

Yeah, I think that's right. You know, Samuel Huntington wrote a book in the early eighties called The Promise of Disharmony, which is an amazing book what really underappreciated, and he describes this these kinds of cycles, and he even said that we would be in one in this period in the second deck of the twenty first century. And oftentimes what characterizes these moments, like you say, is that there's

not an obvious majority party in American political life. So most of the time, if you look in on the United States, there's a majority party that's holding together a complicated coalition. There's a minority party that's trying to broaden its coalition. They're both engaged in coalition building, and those phases kind of run out, and you reach a point where neither party is engaged in coalition building, and our politics just feels totally dysfunctional. I think that's actually a

great description of this moment. Neither party is engaged in coalition building. If you step back from them, they're not really trying to grow, They're trying to mobilize their existing base of voters, and this creates an enormous opportunity for political insight and political talent to build a real majority. I think a lot of politicians in this moment think that can't be a majority again, even though they live through a paer. Look, Ronald Reagan won forty nine states

in nineteen eighty four. Nobody imagines that's imaginable, that's achievable now. But a majority is absolutely achievable now.

Speaker 3

I think it's.

Speaker 6

Something like a conservative populist working class party, Isn't that what it feels like is coming in.

Speaker 7

Yeah, I think both parties have an opportunity. I think Republicans have a bigger opportunity. It's easier to imagine Republicans being that party, but yeah, it would be the popular party, the party that speaks for the people in a kind of up down politics as much as left right. You know, the traditional divide in democracy is the few and the many, and left right is a kind of modern addition onto that.

But the few in the many is still the most powerful force in the life of a democracy, and our politics increasingly feels like a party of the elite and a party of the people. That obviously can be very unhealthy, and I think we're seeing it as unhealthy. Both the elitism and the populism we have now are unhealthy. But to fill a majority that somehow cuts across some of the familiar categories of the phase of our politics that's ending. And I'm not talking about eighty percent, but sixty percent.

That's a big majority in American politics. I absolutely think that is achievable. And that's what the next phase looks like.

Speaker 6

I just want to say, I want to be with the elites because they all have the best stuff. But when the revolution comes, I'm switching. I'm going with Rob. Wherever Rob goes, I'm going with them.

Speaker 5

Yeah, I'm a I'm a survivor, John. And to push you off my bandwagon. Oh yeah, not that everybody. I can get this guy.

Speaker 2

Well, we could get the entire country, forty nine states at least if we agreed with John Yu that the Mick rib should be available all year round in addition to the Shamrock Shake or some of the popular menu items, that being John's thing.

Speaker 3

Right.

Speaker 2

Barring that, It's hard to see what issue it'll be, but we may find out. In the meantime, we recommend that everybody, since we are in this period a TwixT constitutional adherents at a national and social personal level.

Speaker 3

Read his book.

Speaker 2

The book is called American Covenant, How the Constitution Unified our Nation? And good again, I've all even thanks so much for joining us today. Fascinating conversation. We can go on and on and on about it, and you know, we'll talk to you maybe before the next book.

Speaker 3

What is the next book? By the way, thank you very much.

Speaker 7

I appreciate it, though I have to said I don't appreciate that question because it's always a very hard question to answer right after writing this book. But time will tell.

Speaker 3

Well, you know, I'll be in the newspaper business. Here. We're all about the list.

Speaker 2

So i'd say that, you know, the Bill of Rights, pick five and five favorite five hottest rights in the turnat Bill Rights.

Speaker 6

There you go, no quartering, no quartering.

Speaker 1

Good for collects.

Speaker 3

Thanks you, thanks you all, thank you so much, thank you all.

Speaker 2

You know, yes, top down pleabs versus the patricians, all the rest of it, you know. But thanks to Marks, we have a we have elites work collectivists. That that's the strange thing, right right, prefer the old days when the elites would just simply leave the peasants to be in their fields and do what they want die as long as they pay their access and give.

Speaker 3

Their farthings and leaves to the king.

Speaker 2

But no, we got to have this collective identity thanks to our betters and oh you know Dave os w EF all those places, all those crazy words.

Speaker 3

That we throw out there to say.

Speaker 2

And I don't believe that the WEF is actually anything more than just a sort of amusing collection of supervillains who just plot, who just tell you their stories out and the the thing is that they always tell their their plans about owning nothing in the fifteen minute city and you know, eating the bugs living in the pods. They always say these plans before they actually have James Bond strapped into the laser castration machine.

Speaker 1

Yeah, right now.

Speaker 2

The thing about it, Yeah, you're supposed to reveal all that stuff when you got the guy where you want them and then you tell But no, they're out there in the in the open telling us everything. In rickchhet At the other day we were having a conversation about fifteen minut cities. I know Rob lives in one, I practically do. And the reason that I wanted to push back against people throwing fifteen minute cities out there.

Speaker 3

Maybe we talked about this before, I can't remember. It has to do with that. It's not a bad idea.

Speaker 2

It really isn't to design places where you can get around and you can walk, and you can get your groceries and you can go to a cafe in a bar drug store within fifteen minutes not having to get in your car. And the problem is a twofold one. They use it as a means to bash the paradigm that a lot of people have happily adapted to, which is the suburbs. People are completely content to live in

the suburbs for a variety of reasons. And two, you have to be very very careful that it doesn't turn into a mechanism whereby this good idea, suffused with its moral purity, becomes a way of the state extracting more resources from you by putting, you know what, you can drive out of your fifteen minute city elsewhere if you want, but you're going to pay a congestion stuff like that.

Speaker 3

Yeah, it bothers me.

Speaker 2

How so many things that we that in your heart and in your head you agree with stewardship of the environment. Uh, you know a end of the you know, the blight, visual blight of billboards, etc.

Speaker 3

All of these things.

Speaker 2

They've got an aspect to it that, yeah, it's good for all of us if we do this, But it becomes a dogmatic it becomes be a stocking horse for another ideology. See, it inevitably leads to the diminution of your freedom. And that's one of those crazy words that when you start throwing around, the younger generation starts to roll the Riyes, do you know what word is now making the rounds as being sort of suss to the young You guys, you have any idea? I mean, free

and liberty. We know that that's what crazy people with the red hat say. What's a word that also gets their hackles up?

Speaker 3

Abundance?

Speaker 5

Abundance? Yeah, that's right. I believe that. You know, there's no abundance. It's just shortages of everything.

Speaker 3

We shouldn't have. No, well, we shouldn't have it.

Speaker 2

But first of all, we don't have abundance because we're in a post capitalist hell.

Speaker 3

But we shouldn't have abundance.

Speaker 1

Yeah, I mean that's a philosophical question that they have. It's a philosophical argument, but that's it is.

Speaker 5

I mean, it is absolutely the end product of everything that we've been teaching them, which is that there's shortages so and that there's less and that the future is going to be filled with challenges like the ocean's on fire.

Speaker 2

You know what abundance means. Abundance means we turn the light switch on, there's light. It means, and when you turn the hot water on, there's hot. Well, that's what abundance means. Actually we I mean, the things that we take for granted are symbols of tremendous abundance and we need.

Speaker 1

It also means that if.

Speaker 5

You do well right, then that isn't zero sum that I could do well too. We believe that the country grows and the economy grows, and rising tidle of salt boats and they roll their eyes at that, but it is in fact, demonstrably, unquestionably quantifiably the truth.

Speaker 6

Right.

Speaker 2

Well, well, Rob, we agree that is not enough. It is not enough for you and I to do well, John, you must do poorly.

Speaker 1

Yeah, that's the libraries.

Speaker 6

Where idea, neither one other idea, James, about just trying to draw from you know, what's going on in the academy. Stuff, crazy stuff, I read. But you know, there's one big stream of thought going into conservatives asking why do we have cities at all? You know, now that we're decentralizing, now they have worked from home, now that our economy is based on the production of information, why do we

why do we need cities? Why do we all need to live together in these closely compacted, dense places with expensive housing prices. And so here's here's the alternate world. And I thought You've always going to mention this, but he didn't, which was the constitution actually is great for decentralization. It's a great government for what Rob was saying, a large country with people all spread out and diverse communities.

And you think about the government we have now, you think about the cities we have now that you're talking about, James, that's mass production, factory style economics and society. That's not

the way things organize anymore. No, maybe that's why that's what I think, that's behind what you're talking about, James about Well, these fifteen minute cities and suburbs, that's actually a way station to going back to something that might look an organization more like the eighteenth century again, which is where Rob really wants to live.

Speaker 5

Sure in a village. The villages are the most interesting places. But I mean they're twin parts of the American experience or just these are human nature.

Speaker 1

Right on the one hand, you want space. I want my space. That's one of the things that people said when they.

Speaker 5

Left the dirty, stinking city and they went out to the suburbs the first time. I mean after about like the thirties and forties and fifties, right, and like, look at it.

Speaker 1

I had a lawn, I got a front yard, I got all this stuff, and that is incredibly powerful. That's a great thing. That's why people live.

Speaker 6

In Europe too, right, Yeah, because in Europe, the source of wealth was just having land.

Speaker 5

And that's some people didn't want to Some people wanted to be in the city. Actually when they were young, and they want to be with other young people. They wanted to be in It's kind of crazy. They were willing to put up with it. And there's these two characters. There's this you know, there's the urban dweller and then

there's the suburban choice. And then there's another human person that's always there and that's the hoa head, right, that's the hoa busybody, and that is more than more I think than any other image is what people think about when they think about the sort of the progressive left, like this, these are there. They're going to walk around the neighborhood and write your note because they don't like your curtains or they don't like this, whether you put up pum or you have a planter that's not the

right color. And I think that is also very human like humans like to do that, we like to boss each other around. But that is also part of this kind of like small minded, limited mentality that if you have this thing, we're all going to suffer. You look like you're having fun.

Speaker 1

That's not good. And you know, unfortunately, culturally, I.

Speaker 5

Think think we're probably on the hope, we're on the down side of that cycle, and we're coming back up to the what I think the normal American view, which is, go do you do you but as quietly as you possibly can do it, because I'm trying to get you know, some sleeves.

Speaker 6

If you're happy if Kamala Harris's president, you just don't want it to be head of the city council of your town.

Speaker 5

Well, I actually think that when Americans vote. You know, if you look at the best of the probably the most interesting, and see change. Political changes in my lifetime happened when Bill Clinton was president and the Republicans took the House and they took the Senate. And that's when we got well for reform, and that's when we got

actually institutional congressional reform in a major way. I mean, it now seems like a cliche, but the Newt Gingrich's Contract with America was a radically, radically influential and successful document. And you know, people kind of like this gridlock stuff, but they also they do like sticking it to the guy at the top. And I you know, if Kamala Harris wins, which would not be surprising.

Speaker 1

Uh.

Speaker 5

I don't think that the conservative movement's dead.

Speaker 1

I don't think the conservative reforms are dead. I think they might be even invigorated.

Speaker 3

I've never before.

Speaker 2

Yeah, we should lose this election because then people will get really good and they'll realize that.

Speaker 3

I know, I'm kidding, I'm kidding him.

Speaker 1

I'm just saying that that it's possible.

Speaker 5

The problem with both sides is they think it's inconceivable that they're going to lose either now or in the future, and they think that once you vote for your once you voted for my guy for president, whether it's Kamala Harris or Donald Trump, if forever you're just all the things are going to be fixed and you're never going to have any trouble at all. And that's the ultimately,

just go back to the Constitution. That's the problem with our interpreting the Constitution, which people think of it, interpret it only as this document that keeps them from getting what they want, when in fact, it's a document that keeps you from getting what you want. And that's kind of how it's supposed to work, right. It restricts you

and not me, that's primarily what it does. So you know, we should be prepared not maybe we'll win, maybe the Conservatives will win in twenty twenty four, maybe they'll lose, but.

Speaker 1

They are going to lose elections in the future. So how do you prepare for that?

Speaker 3

I don't know.

Speaker 2

I just do know that if we have a massive attack on Israel by Iran in the next week or so, I would really be keen to know.

Speaker 3

Who's calling the shots here.

Speaker 2

Something tells me I ought to be the guy who is called the president but I'm wondering if this is going to be an opportunity for them to show count Layers is foreign policy six dimensional chest shops and have her in charge.

Speaker 3

Of what the American reaction to this is going to be.

Speaker 2

Or Biden will just get on the wrong plane again and be whisked off to someplace and we'll never see him again.

Speaker 3

I don't know. I don't know.

Speaker 2

I'd like a little bit more clarity at the top. Ever, it is the top of the top of the hour, end of the show. Usually we tell you right now where they're going to be meet ups around the country.

But you know what, you can go and read that att You should go and read that at Ricochet along with everything else, and you should join as well, because on the member feed, where all kinds of friendships are made, in every single discussion and object of controversy and art and music and the rest of it, you'll find it there. You can hear me in my podcast The Diner, which is available on Saturday. I think we're talking about dogs and renaming streets, two vital crackling topics.

Speaker 6

You want to stop the presses, it's the same same subject, stop the presses.

Speaker 3

Oh that's another whole issue. Maybe I'll get a shit name the streets after dogs.

Speaker 2

Why didn't that occur to me? Well, you know what, I'm gonna rip it up. I'm gonna go back. I'm gonna do it the you collar me as we call it, and read the show.

Speaker 6

I can totally see you living on Poodle Street.

Speaker 2

Come on one.

Speaker 5

Yeah, okay, yeah, I'm off.

Speaker 3

I'm really really is.

Speaker 2

Yeah. Well I think they have to have more here than I actually do, so well it's better than Pug Place.

Speaker 3

Uh, John, Rob, It's been a pleasure.

Speaker 2

We'll see you both next week perhaps, and we'll see everybody in the comments at Ricochet four point zero next week.

Speaker 6

Bye, guys, thanks for having me.

Speaker 1

Thanks John excellent as always, absolutely so.

Speaker 3

Ricochet Pea join the conversation.

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