It is no longer controversial that the American political system
has become deeply dysfunctional. Today, only slightly more than a
quarter of Americans believe the country is heading in the right
direction, while sixty-three percent believe we are on a downward
slope. The top twenty words used to describe the past year include
"chaotic," "turbulent," and "disastrous." Donald Trump's improbable
rise to power and his 2016 Electoral College victory placed
America's political dysfunction in an especially troubling light,
but given the extreme polarization of contemporary politics, the
outlook would have been grim even if Hillary Clinton had won. The
greatest upset in American presidential history is only a symptom
of deeper problems of political culture and constitutional design.
Democracy and Dysfunction brings together two of the leading
constitutional law scholars of our time, Sanford Levinson and Jack
M. Balkin, in an urgently needed conversation that seeks to uncover
the underlying causes of our current crisis and their meaning for
American democracy. In a series of letters exchanged over a period
of two years, Levinson and Balkin travel--along with the rest of
the country--through the convulsions of the 2016 election and
Trump's first year in office. They disagree about the scope of the
crisis and the remedy required. Levinson believes that our
Constitution is fundamentally defective and argues for a new
constitutional convention, while Balkin, who believes we are
suffering from constitutional rot, argues that there are less
radical solutions. As it becomes dangerously clear that
Americans--and the world--will be living with the consequences of
this pivotal period for many years to come, it is imperative that
we understand how we got here--and how we might forestall the next
demagogue who will seek to beguile the American public.
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