<< KSCHW at aol.com wrote:
>And elsewhere. He has written a book attacking the US Constitution asa
>reactionary document, arguing that it makes our society reactionary, rather
>than vice versa.
That's a bit unfair. He argues that the structure of government set
up by the Constitution is fundamentally antidemocratic, and
consciously so: fragmentation of sovereignty via the three branches
and the multiplicity of subfederal jurisdictions, the antidemocratic
reliance of liberals on courts rather than popular mobilization, and
the structural obstacle that is the Senate.
>>
Well, he has an implicit and unargued theory of what democracy is, basically, unfettered majoritarianism. He seems to prefer Brit-style parlaimentarianism, although the Brits are now moving towards the US model a bit, allowing for judicial review at least to ensure compliance with EC standards. That's a respectable theory, although not mine. Not that I think the not-wholly consistent theory embodied, or built up by two centuries of accretion, in the US constitutional order, is ideal. There is a lot of it I'd change. I like the separation of powers and the independent judiciary with powers of judicial review. I think federalism, as it's called, state's rights, is antiquated hogswallop. The unamendable two-member-a-state Senate's awful. However, Lazare goes further: he seems to argue for, or assume, a sort of constitutional determinism, by which (as someone once said) one part of society becomes superiuor to the other part.
As for judicial review, how about this. In a case filed before the N.Dist of Ill., some parents are challenging a suburban Village ordinance that prohits anyone from playing games (not defined) in the streets, on the sidewalks, parks, schoolyards, or other public places without a block party permit from the city government. Parents have been cited for negligent parenting for allowing their kids to violate this ordinance by letting them play on the sidwalks in front of their houses. Attempts to change the law in the city council have been unavailing. More when the opinion is issued. --jks