The Supreme Court’s 5–4 decision in Citizens United v. Federal Election Commission, which struck down a federal prohibition on independent corporate campaign expenditures, is one of the most controversial opinions in recent memory. Defenders of the First Amendment greeted the ruling with enthusiasm, while advocates of electoral reform recoiled in disbelief. Robert C. Post offers a new constitutional theory that seeks to reconcile these sharply divided camps.
Post interprets constitutional conflict over campaign finance reform as an argument between those who believe self-government requires democratic participation in the formation of public opinion and those who believe that self-government requires a functioning system of representation. The former emphasize the value of free speech, while the latter emphasize the integrity of the electoral process. Each position has deep roots in American constitutional history. Post argues that both positions aim to nurture self-government, which in contemporary life can flourish only if elections are structured to create public confidence that elected officials are attentive to public opinion. Post spells out the many implications of this simple but profound insight. Critiquing the First Amendment reasoning of the Court in Citizens United, he also shows that the Court did not clearly grasp the constitutional dimensions of corporate speech.
Blending history, constitutional law, and political theory, Citizens Divided explains how a Supreme Court case of far-reaching consequence might have been decided differently, in a manner that would have preserved both First Amendment rights and electoral integrity.
In Democracy Disfigured, Nadia Urbinati diagnoses the ills that beset the body politic in an age of hyper-partisanship and media monopolies and offers a spirited defense of the messy compromises and contentious outcomes that define democracy.
Urbinati identifies three types of democratic disfiguration: the unpolitical, the populist, and the plebiscitarian. Each undermines a crucial division that a well-functioning democracy must preserve: the wall separating the free forum of public opinion from the governmental institutions that enact the will of the people. Unpolitical democracy delegitimizes political opinion in favor of expertise. Populist democracy radically polarizes the public forum in which opinion is debated. And plebiscitary democracy overvalues the aesthetic and nonrational aspects of opinion. For Urbinati, democracy entails a permanent struggle to make visible the issues that citizens deem central to their lives. Opinion is thus a form of action as important as the mechanisms that organize votes and mobilize decisions.
Urbinati focuses less on the overt enemies of democracy than on those who pose as its friends: technocrats wedded to procedure, demagogues who make glib appeals to “the people,” and media operatives who, given their preference, would turn governance into a spectator sport and citizens into fans of opposing teams.
A timely and incisive assessment of what the success of populism means for democracy.
Populist movements have recently appeared in nearly every democracy around the world. Yet our grasp of this disruptive political phenomenon remains woefully inadequate. Politicians of all stripes appeal to the interests of the people, and every opposition party campaigns against the current establishment. What, then, distinguishes populism from run-of-the-mill democratic politics? And why should we be concerned by its rise?
In Me the People, Nadia Urbinati argues that populism should be regarded as a new form of representative government, one based on a direct relationship between the leader and those the leader defines as the “good” or “right” people. Populist leaders claim to speak to and for the people without the need for intermediaries—in particular, political parties and independent media—whom they blame for betraying the interests of the ordinary many. Urbinati shows that, while populist governments remain importantly distinct from dictatorial or fascist regimes, their dependence on the will of the leader, along with their willingness to exclude the interests of those deemed outside the bounds of the “good” or “right” people, stretches constitutional democracy to its limits and opens a pathway to authoritarianism.
Weaving together theoretical analysis, the history of political thought, and current affairs, Me the People presents an original and illuminating account of populism and its relation to democracy.
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