America’s New Civil War

  1. Paul W Kahn
  1. Paul W. Kahn is Robert W. Winner Professor of Law and the Humanities at Yale Law School. He teaches in the areas of public law, cultural theory, and philosophy.

Excerpt

A year into the Biden administration, America remains up for grabs. Trump supporters do not accept the legitimacy of the Biden presidency.1 Trump himself is already campaigning for reelection on a platform of revenge for a stolen victory. Congress remains bitterly divided; gerrymandering and voting restrictions race forward to create lopsided advantages before the 2022 elections.2 And the Supreme Court–dominated by three Trump appointees who together got only four votes of Democratic senators–continues its reactionary turn.3 Almost everyone believes our national political system is broken. Surely, it strains credulity to think that we are a democracy, if we mean by that a system in which the majority of the citizens choose their representatives who, in turn, aim to translate public opinion into public policy.4

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