Can the Constitution Serve as a Document of National Unity?
Jun 13, 2024
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Authors Yuval Levin and Aziz Rana debate whether the Constitution can foster national unity, discussing critiques of constitutionalism, the evolution of presidential power, interpretations of the framers' goals, historical context, challenges of administrative agencies, the rise of originalism, and the limitations of originalism, advocating for constitutional reforms and mass mobilization to uphold democratic values.
Originalism evolved from judicial restraint to broader constitutional vision, sparking conservative debates on interpretation.
Originalism aimed to guide judges but some embraced activism, deviating from the initial goal.
Expanding originalism beyond juridical limits highlights the importance of a comprehensive constitutional perspective for societal challenges.
Deep dives
Origins and Goals of Originalism
Originalism emerged as a theory of judicial restraint aimed at guiding judges in interpreting the Constitution. Initially focused on restraining judges and enabling Congress and the President to perform their roles, it evolved into a comprehensive constitutional vision. Originalists disagree on interpretation in unclear cases, with some advocating for broader constitutional ideals. It aims to restrict the judiciary's role, but some judges have used it to justify activism, deviating from the original intent.
Critique of Constitutional Politics
The emergence of originalism in the 1970s sought to address concerns of judicial overreach by providing objective criteria for interpreting laws. While rooted in restraint, it became more than a judicial tool, evolving into a broader constitutional perspective. However, originalism faces challenges in unclear-text cases and a transition from a focus on judge constraints to comprehensive constitutional ideals, sparking debates among conservatives.
Shift to Judicial Activism
Originalism's initial aim was judicial limitation, focusing on historical interpretations and legal restraints. However, as originalists gained prominence in the Supreme Court, some embraced activism, contradicting the original purpose. Over time, originalism expanded beyond restraining judges and became a philosophy guiding broader constitutional issues, complicating the conservative debate on interpretation approaches.
Calls for Broader Constitutional Vision
Despite its origins in judicial constraint, originalism has expanded to involve more than just legal elites, emphasizing the need for a comprehensive constitutional vision. A broader outlook on constitutional politics outside the courts is vital to address complex societal challenges and reshape democratic institutions. By mobilizing and reforming legislative structures, political movements can enact significant constitutional changes.
Reforms for Constitutional Rejuvenation
Proposals for constitutional renewal include bolstering middle institutions like Congress, unions, and parties to facilitate a more democratic decision-making process. Embracing a forward-looking approach, these reforms aim to align constitutional values with societal demands through movements and constituencies. Such efforts seek to reshape democratic institutions, rights frameworks, and governance structures for greater inclusivity and effectiveness.
In this episode, AEI’s Yuval Levin, author of American Covenant: How the Constitution Unified Our Nation—and Could Again, and Aziz Rana, professor at Boston College Law and author of The Constitutional Bind: How Americans Came to Idolize a Document That Fails Them, join Jeffrey Rosen for a discussion about whether the Constitution has failed us or can serve as a document of national unity.