Friday, February 26, 2016

On Liberals, Politics, and even Democracy Itself

This is partly inspired by the Democratic primary, and an attempt to understand what's behind the Sanders phenomenon, but it's also inspired more generally by just a loose complex of phenomena over the past few years. Here's my basic idea: over the past few generations, America has been engaged in a rather massive culture war. Beginning in about the 1960s, a bunch of people came along who radically disagreed with mainstream, relatively conservative social norms and political beliefs. And these cultural liberals have been winning, spectacularly so. We've reached the point where many, if not all, of the new liberal views are pretty damn mainstream, such that people who violate them are broadly perceived as deviant (e.g. a Mr. Trump). But, quite rightly, we're not resting on our laurels. Nor are we accepting the current, relatively liberal mainstream views on those issues as sacred gospel. Rather, they're works in progress, and of late, particularly in the internet age, a ton of energy has gone into the development of the new progressive norms. The broad principles are increasingly being translated into a fairly comprehensive code of conduct, which aspires to a kind of perfection. For just about any question of "how should I behave toward other people," there's a right answer out there, which you should follow. The older, more conservative norms also prescribed such a code of conduct, although there is one major difference: the new liberal paradigm, more or less tautologically, gives far greater space for individual autonomy. There are a lot of rules that say, basically, "do whatever you want so long as you're respecting what others want." That last part requires a lot of elaboration, though, and it's been getting a lot of elaboration. All of this is great, and it proceeds within a more-or-less agreed-upon analytical framework. Then it's just a matter of proselytizing for the basic worldview that says you should follow these rules, of spreading the message that it's not okay to violate them. It's a work in progress, obviously, but we're working on it.

Like I said, that's all great. And the way that this enterprise aspires, basically, to Perfection, in a certain way, is great. For the first time we have a chance to implement widespread social norms based on genuinely liberal values, and so we have this opportunity to really think about how to get them Right in a way that's kind of new. But the thing is, then you get to politics. And the trouble with politics is that not everyone agrees with you. And I feel like on some level, the focus on developing liberal norms of righteous conduct, and on condemning those who don't follow them, has a bit of a tendency to distract from the fact that the people who disagree with us are within their rights to do so. Specifically they're within their political rights to do so. Their beliefs are wrongful ones, and as a matter of morality they ought to change them, but they do not lose their rights as democratic citizens because of those wrongful beliefs. The point here is not just that we, as liberals, have to be cognizant of the fact that democratic politics is hard and we won't get everything we want. It's that on some level, we shouldn't. Not so long as the things we want are unpopular with the American people. Because the American people really do have the right to make these decisions for themselves, even if they will make their decisions badly.

Now, to be clear, that last point doesn't apply to everything. I'm a big believer in democracy, but more specifically I'm a big believer in liberal democracy, and in constitutionally limited government. And we happen to have a Constitution that, I think, really does protect a lot of liberal values when properly read. That is to say, it really does restrain the political choice of the people in ways that are pleasing to modern social liberals. At the very least it's perfectly legitimate to argue, as to much of the agenda of modern social liberalism, that the issue has been constitutionalized and is not the subject of ongoing political choice anymore. Gay rights are a great example of that: it's absolutely right for us to say that we should win on that issue even if most Americans are against us. "Equal" really does mean equal. But constitutionalism only gets you so far. It's just not plausible that every single item on your agenda will be constitutionalized, and moreover, it would be bad if that were so, because democratic political choice is important and no constitution should lock in a country's entire political program.

I think the specific impetus for this post was actually when I saw some article about how Hillary Clinton's effort to present herself as the candidate of the modern Democratic Party's identity-politics coalition of oppressed groups is unconvincing because, in order for those various movements to be truly "intersectional," I believe was how they put it, they also need to be radically anti-corporate and what-have-you. My reaction to which was, okay, so what are you going to do if you find yourself in a country where "we shouldn't discriminate against women, or racial minorities, or LGBTQ&c. people" commands widespread support but "we should adopt radically anti-corporate economic policies" doesn't? Because the thing is, not only won't you be able to enact your whole "intersectional" program in such a world, there's a very real sense in which you shouldn't be able to, either. Now, again, it may well be wrongful of the public not to support your position on this. But their wrongness doesn't give you a right to govern them against their will.

This ties into something Barney Frank recently said in a column critiquing Bernie's campaign: "What troubles me and many of my former colleagues—among the most liberal members—is the belief that nothing short of this [Sanders's agenda] is worth fighting for." You have to figure out what's worth fighting for that you can plausibly get a democratic mandate for. But it goes further. In a democracy there's a need to accept that sometimes you lose, and that it's legitimate for the other side to enact its policies when that's the will of the people. Again, this is not always the case, and the modern conservative movement is quite generous in its willingness to have its bad-on-the-merits policies also be unconstitutional. But there's always got to be a large area where it's legitimate for the other side to win, and you have to be sort of graceful about that, because otherwise you start attacking democracy itself. This really isn't something we have to deal with in the project of creating liberal social norms; indeed, it's important that those norms be as uncompromised and as near to perfect as possible. But it's important not to lose sight of it in the political realm, not just as a matter of pragmatism but as a matter of principle.

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