Democracy and Dysfunction: An Exchange

Abstract

This essay, structured as a debate, discusses the current causes of political dysfunction in the United States.Levinson argues that the causes of dysfunction can be traced to the Constitution itself. Remedying political dysfunction requires a new constitutional convention or a series of constitutional amendments, and Levinson explains why a program of constitutional reform is urgently required.Balkin argues that the problem is best described as a problem of democratic representation, not dysfunction; it does not require either a constitutional amendment or a new constitutional convention. He argues that the federal government appears dysfunctional because the old Reagan regime is breaking down and we are in a transition to a new regime.In a subsequent exchange, Levinson and Balkin reassess their arguments in light of the rise of Donald Trump as the Republican nominee in 2016.