As central banks go, the Federal Reserve is one of the best. Much academic literature suggests that one of the reasons for its relative success is its relative political independence and freedom from partisanship. Central banks that are partisan or politicized are likely to engineer booms to elect the candidates of their party even if those booms have unfortunate long run effects on the nation. The classic case is a bank that pursues a loose money policy in the run up to the election to create a false sense of prosperity or to enable the party in power to finance…
Many presidents of universities, including my own, have committed their institutions to supporting the Grand Coalition on Climate Change. The founding statement of the Coalition criticizes President’s Trump decision to pull out of the Paris Agreement on Climate Change and offers support for various policies by state and local governments to pursue the objectives of that agreement.
It is a serious mistake for universities as institutions to criticize or support controversial political initiatives, let alone become part of political coalitions. Universities must stay of out of politics and refrain from policy endorsements that are by their nature political. By maintaining their institutional neutrality they can best foster debate and further the progress of knowledge about controversial issues of the day. Universities are brokers of knowledge. To be honest brokers, they must eschew politics.
Wading into politics imposes two kinds of costs. The first is a chilling effect on debate and free inquiry within the university.
It is frequently observed that the confirmation process for justices is becoming more partisan, but this characterization is incomplete, even misleading. The classic kind of congressional partisanship occurs when parties rally around or oppose policies or nominees of the sitting President, simply by virtue of his party. And if the President takes a different position or nominates a person of different views for the same role, partisans of his party tend to happily fall in line with the new world their leader has created.
But both Republicans and Democrats have views on the appropriate role of judges that transcend the vicissitudes of presidential leadership. When George W. Bush nominated Harriet Miers, it was Republicans who scuttled her nomination, fearing probably correctly that she lacked the depth of understanding to maintain what they believed was a lawful jurisprudence. The jurisprudence favored by Republicans has been working itself pure for decades and now embraces originalism in constitutional law and textualism in statutory interpretation, but that accepts a relatively large role for precedent.
The Democratic judicial philosophy has also become clearer. At first, it was focused on protecting precedent in general, most importantly that of Roe v. Wade. But now that the Supreme Court under Chief Justices Rehnquist and Roberts have made many decisions, such as Citizens United, that flout Democratic policy objectives Democrats no longer exalt precedent but empathy as well as good results for their preferred minorities and “the little guy”as opposed to corporations.
The confirmation hearings on Neil Gorsuch exposed this jurisprudential chasm.
In response to: Respectable Partisans of Modern Liberty
Parties have long been respectable features of modern liberal democracy. But that is not to say that in America our current political parties are respected. The summer of Donald Trump, which may finally be fading, suggests a craving for leadership and boldness that is larger than partisan affiliation: Americans increasingly doubt that either party is representative of the people themselves. And the parties are often blamed for political polarization and the dysfunctional government it seems to bring about. Yet there is no doing away with parties. Despite deep political divisions, indeed because of them, partisanship is a healthy feature of American…
Edmund Burke’s defense of political parties is also a defense of conservatism. It remains true that the “respectability of party”—Harvey C. Mansfield’s perfect phrase from Statesmanship and Party Government: A Study of Burke and Bolingbroke—continues to depend on the respectability of conservatism. Professor Blitz suggests this also, asking in his Liberty Forum essay what we can…
Mark Blitz reads Harvey Mansfield as closely as Mansfield reads Edmund Burke. For this, and for his excellent Liberty Forum essay on Mansfield’s Statesmanship and Party Government, we are in Blitz’s debt. The book’s simultaneously ambivalent and appreciative reading of Burke endures 50 years after its publication, and will rank among the definitive texts on the…
The three replies to my essay are thoughtful discussions of important issues, and I thank the respondents for writing them. Professor Weiner correctly suggests that to rely on great men is a mistake. A polity will not endure if it allows significant decline and constantly requires for its salvation an excellence that is always rare. It…
There are three paradigmatic types of Supreme Court justices—the jurisprude, the ideologue, and the partisan. While no actual Supreme Court justice perfectly represents the ideal, some present pretty close approximations. It is hard to understand or predict the results of Supreme Court cases without determining how a particular justice fits into these types.
The jurisprude is a justice committed to a particular method of judging rather than an particular set of results. On the current Court the examples par excellence are Justices Antonin Scalia and Clarence Thomas who are committed to originalism. From the past Justice Hugo Black was a textualist and Felix Frankfurter, his sparring partner, advocated an historical jurisprudence. These jurisprudential commitments frequently lead to unusual ideological results. Justice Scalia (and Justice Thomas as well) vote for criminal defendants based on their close readings of the language of the Constitution, like the Confrontation Clause. For originalist reasons, Justice Thomas is no friend of preemption claims with the result that in his opinions businesses often lose to state tort law and regulation. Despite being a New Deal populist as a Senator, Black as a Justice wanted to enforce the Contract Clause against debtors.
The ideologue is a justice who is strongly right or left of center as that is defined in his day and votes that way.
Many people worry about our democracy today because our political parties have become more purely ideological. But federalism harnesses such partisanship and puts it to good use. Because of greater partisanship, we are seeing more states with a unified government in which Democrats or Republicans control the governorship and both houses of the legislature. They are then able to enact a relatively pure version of their parties’ very disparate political positions. With the support of a Republican legislature, Wisconsin Governor Scott Walker has reduced the power of public sector unions. Kansas Governor Sam Brownback has very substantially cut personal and business taxes. In contrast, Connecticut Governor Dan Malloy was reelected after raising taxes and making no substantial changes to union power. In California, Jerry Brown was victorious with much the same policies.
Such partisan federalism now gives us the chance to observe the results of such policies over the longer term.