Constitutionalism for Realists

Constitutionalism for Realists
W.L. Ormsby/Library of Congress via AP

America's political institutions are consumed by a crisis of legitimacy. Public faith in our system of government has crumbled. Many believe it's deeply corrupt, or rigged for the benefit of others. This view crosses party lines—or rather, our partisan divisions seem increasingly to turn on who is to blame for American democracy's decline and fall.

The 2016 election results have swelled the ranks of those convinced that our democracy is a sham, particularly on the left. And the prominence of academics among them has boosted an already bourgeoning scholarly literature of democracy skepticism. Contributors to this fashionable genre differ on the particulars: most are elitist champions of meritocracy, as they understand it, but some make a more populist case against rule by experts. There are those who ground their case in empirical evidence of the ignorance of voters, others in some idea of justice or utility.

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