The problem with this is that it assumes both parties act independently.
You know how right now how Republicans are willing to use every loophole, cite ancient forgotten laws, and violate every norm? That’s always been possible. You can’t actually write a constitution to constrain bad-faith actors. You can always come up with a bogus interpretation to do what you want.
If this is possible, you have to ask, why did leaders ever try to follow the law in good faith? How was it ever possible to establish a norms-based stability when either side could knock over the board at any moment?
The answer is that good-faith interpretation of the law fails when people only do so out of principle. It succeeds when good-faith interpretation is a peace treaty. Both sides agree to follow the law in good faith, as the alternative is complete chaos as both sides try to twist every loophole.
Democrats are a bunch of liberal arts majors that have forgotten that Democracy and the rule of law does not exist because everyone worships them as high ideals. They exist because they are a compromise, a peace treaty.
Republicans break norms. In response, Dems latch on even tighter to the norms. Instead, they should be seeking to break them at every opportunity they can. They need to be as ruthless as the Republicans, and even more so.
Following the rule of law is hard. It means giving up power and results that you could otherwise achieve by violating the rule of law.
Right now, only Democrats are trying to obey every norm and precedent. As such, Republicans have nothing to lose by violating these. It’s all upside to them. Their bad behavior is the direct result of Democratic cowardice. If Democrats were willing to give as well as they get, we could actually have a rules-based order again. Paradoxically, a prerequisite for rules to be effective is that both sides need to be willing to violate them.
The problem with this is that it assumes both parties act independently.
You know how right now how Republicans are willing to use every loophole, cite ancient forgotten laws, and violate every norm? That’s always been possible. You can’t actually write a constitution to constrain bad-faith actors. You can always come up with a bogus interpretation to do what you want.
If this is possible, you have to ask, why did leaders ever try to follow the law in good faith? How was it ever possible to establish a norms-based stability when either side could knock over the board at any moment?
The answer is that good-faith interpretation of the law fails when people only do so out of principle. It succeeds when good-faith interpretation is a peace treaty. Both sides agree to follow the law in good faith, as the alternative is complete chaos as both sides try to twist every loophole.
Democrats are a bunch of liberal arts majors that have forgotten that Democracy and the rule of law does not exist because everyone worships them as high ideals. They exist because they are a compromise, a peace treaty.
Republicans break norms. In response, Dems latch on even tighter to the norms. Instead, they should be seeking to break them at every opportunity they can. They need to be as ruthless as the Republicans, and even more so.
Following the rule of law is hard. It means giving up power and results that you could otherwise achieve by violating the rule of law.
Right now, only Democrats are trying to obey every norm and precedent. As such, Republicans have nothing to lose by violating these. It’s all upside to them. Their bad behavior is the direct result of Democratic cowardice. If Democrats were willing to give as well as they get, we could actually have a rules-based order again. Paradoxically, a prerequisite for rules to be effective is that both sides need to be willing to violate them.
Well said!
In short, fire with fire. …can’t fight a war with one hand tied to your balls, etc.
Dems have forgotten this. They need a leader to remind them and lead the charge.
As I like to say, “The moral high road is filled with corpses”