Democracy and Dysfunction: An Exchange

Abstract

This essay, structured as a debate, discusses the current causes of political dysfunction in the United States.

Levinson argues that the causes of dysfunction can be traced to the Constitution itself. Remedying political dysfunction requires a new constitutional convention or a series of constitutional amendments, and Levinson explains why a program of constitutional reform is urgently required.

Balkin argues that the problem is best described as a problem of democratic representation, not dysfunction; it does not require either a constitutional amendment or a new constitutional convention. He argues that the federal government appears dysfunctional because the old Reagan regime is breaking down and we are in a transition to a new regime.

In a subsequent exchange, Levinson and Balkin reassess their arguments in light of the nomination and election of Donald Trump in 2016.

Keywords: Constitution, dysfunction, constitutional reform, 2016 Election, Donald Trump

JEL Classification: K10