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    Two Letters on Democracy and Dysfunction

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    Balkin, Two Letters on Democracy ...
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    Author
    Balkin, Jack
    Keyword
    Law
    
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    URI
    http://hdl.handle.net/20.500.13051/17959
    Abstract
    Dear Jack, I've been remiss in beginning our exchange about the wonderful symposium at Drake University in September, not only because of ordinary busyness but also, of course, because of "events on the ground" that are so central to the various issues raised in our book and then at the symposium. Inasmuch as the central issue is whether our institutions, let alone some "center," can hold against the various winds and arrows buffeting them, every day seems to bring new examples of ever-increasing pressure. Only in this past week, for example, Great Britain gave Prime Minister Boris Johnson an overwhelming majority in Parliament, even though his party received only a grand total of around 44 percent of the total vote. On its face, this raises obvious questions about the merits of the voting system, including the reliance on single-member districts and first-past-the-post winners that the United Kingdom and the United States are really quite exceptional among countries across the globe in relying on. At the same time, the House Judiciary Committee voted to impeach President Donald Trump, and the whole House will certainly accept the recommendation, triggering a trial in the Senate where Majority Leader Mitch McConnell has already declared his role to be a faithful agent of the White House in defending the President. There is not even a pretense of being faithful to the oath that every senator will take to act impartially and be guided by the evidence. They are instead acting like a version of the Red Queen in Wonderland; though instead of sentence first, evidence afterward, in this case it will be to announce acquittal first coupled with total disdain for the evidence (or for calling witnesses who might supply important evidence). It is understandable that the President is not supportive of his impeachment; what is more ominous, though, is his clear attempt to stir up animosity among his base at the "traitors" and "scum" who are not willing to kowtow to his leadership.
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