Ilya Somin George Mason University School of Law

Total Page:16

File Type:pdf, Size:1020Kb

Ilya Somin George Mason University School of Law WHY POLITICAL IGNORANCE UNDERMINES THE WISDOM OF THE MANY Ilya Somin George Mason University School of Law Critical Review, Vol. 26, Nos. 1-2, pp. 151-169, 2014 (Symposium on Hélène Landemore’s Democratic Reason: Politics, Cognitive Intelligence, and the Rule of the Many) George Mason University Legal Studies Research Paper Series LS 16-04 This paper is available on the Social Science Research Network at ssrn.com/abstract=2729327 Ilya Somin WHY POLITICAL IGNORANCE UNDERMINES THE WISDOM OF THE MANY ABSTRACT: Hélène Landemore’s Democratic Reason effectively demonstrates how cognitive diversity may potentially improve the quality of democratic decisions. But in setting out the preconditions that democracy must meet in order for the many to make collectively well-informed decisions, Landemore undermines the case for voter competence more than she strengthens it. The conditions she specifies are highly unlikely to be achieved by any real-world democracy. Widespread voter ignorance and the size and complexity of modern government are severe obstacles to any effort to implement Landemore’s vision. Better-informed decision making is more likely to be achieved by allowing a wider range of issues to be decided by “voting with your feet” instead of at the ballot box. Hélène Landemore’s Democratic Reason: Politics, Collective Intelligence, and the Rule of the Many (Princeton University Press, 2013) is a valuable contribution to the literature on democratic competence and the “miracle of aggregation.” Unlike most previous scholarship, it analyzes the potential benefits of diversity of knowledge and perspective in the electorate. It also effectively sets forth many of the conditions that must be established before a large group of laypeople can aggregate informa- tion more effectively than a small group of experts. Ilya Somin, [email protected], George Mason University School of Law, 3301 Fairfax Dr., Arlington, VA 22201, the author, inter alia,ofDemocracy and Political Ignorance (Stanford, 2013), thanks Jeffrey Friedman and Jason Brennan for helpful comments and suggestions. Critical Review 26(1-2): 151–169 ISSN 0891-3811 print, 1933-8007 online # 2014 Critical Review Foundation http://dx.doi.org/10.1080/08913811.2014.907047 152 Critical Review Vol. 26, Nos. 1–2 But there is a deep tension at the heart of Landemore’s project. On the surface, it seems to be an argument for the epistemic virtue of democracy. As Landemore puts it, she seeks to establish that “democracy is a smart collective decision-making procedure that taps into the collective intelligence of the people as a group in ways that can even, under the right conditions, make it smarter than alternative regimes such as the rule of one or the rule of the few” (1–2). The key phrase in this passage is “the right conditions.” As Landemore defines them, those conditions are so improbable that her work ends up doing more to discredit than support the “wisdom of crowds” rationale for democratic decision making. This is particularly true once we recognize that the rule of the one and the rule of the many do not exhaust the possible alternatives to democratic decision-making processes. “Voting with your feet” in a federal system or in the market and civil society is an additional alternative that can also tap the wisdom of the many, while avoiding both the epistemic pitfalls of democracy and the dangerous concentration of power inherent in oligarchy or dictatorship. These problems don’t necessarily diminish the value of Landemore’s project or even show that it fails to meet her own objectives in writing the book. As she indicates, her main interest in this work is to develop an “ideal of democratic decision making” that could work well “provided the theoretical assumptions are shown to have a real life equivalent” (9). But in order for the argument to provide support for democratic decision making in ways relevant to real-world debates about the desirability of alternative political institutions, there should be a realistically feasible way to meet those assumptions. Unfortunately, the stringent nature of the assumptions also makes them extraordinarily difficult to achieve in the real world. In Part I of this review, I briefly outline Landemore’s argument and the contribution it makes to democratic theory. Part II explains why the ideal conditions necessary for the wisdom of the many to work are unlikely to be met in any real-world democratic political system.1 Finally, Part III explains the epistemic superiority of foot voting over democratic decision making under Landemore’s own criteria for evaluating the latter. The agenda of this review is limited. I do not claim that democratic decision making always fails, or that we should make all social decisions by means of foot voting. Obviously, the effective use of information is just one of many factors that must be Somin • Political Ignorance and the Wisdom of the Many 153 considered in deciding the appropriate size, scope, and structure of government. But I do suggest that, at least at the margin, wisdom-of- crowds arguments like Landemore’s strengthen the case for foot voting over ballot-box voting. I. LANDEMORE’S THEORY OF DIVERSITY AND COLLECTIVE WISDOM Decades of survey data suggest that most voters know very little about politics and public policy.2 A variety of scholars have argued that this problem can be overcome through the “miracle of aggregation,” whereby the effects of ignorance cancel each other out (e.g., Wittman 1995; Converse 1990): Those whose ignorance leads them to vote for one candidate are offset by those whose ignorance leads them to vote for his or her opponent. In this way, the electoral outcome is determined by the knowledgeable minority. More recently, some scholars have argued that large groups of laypeople can often outperform smaller groups of experts because the former have a greater diversity of knowledge, even if each individual layperson knows less than each individual expert (Surowiecki 2004; Page 2007). Landemore’s distinctive contribution is to combine these two literatures in a sustained and systematic way. She argues that diversity enables democratic electorates to reach epistemically superior decisions relative to those of a more expert elite (160–66). A simple example can help illustrate why Landemore’s theory might be true. Imagine an electorate of 1 million voters where each possesses one distinct unit of relevant knowledge, but each knows a different unit from the others. Compare that electorate to 100 experts, each of whom possess 100 distinct units of knowledge. Although each expert knows 100 times more information than each member of the lay electorate, the total knowledge of the larger group is vastly greater than that of the smaller group of experts: 1 million units of information compared to just 10,000. If the large group of laypeople can effectively harness its greater pool of knowledge, it can make vastly better-informed decisions than the smaller group of experts, even though individual members of the former group know much less than individual members of the latter. The knowledge distribution of real-world electorates does not, of course, precisely mimic this example. In many cases, the information held by one voter duplicates that of others. Nonetheless, it is at least 154 Critical Review Vol. 26, Nos. 1–2 highly plausible to suppose that the hundred million or more people who vote in American national elections, for example, collectively know more politically relevant information than any small group of experts. The question is whether majority voting or other similar democratic decision-making structures can in fact effectively harness the diverse knowledge of the many, or whether ignorance, irrationality, and poor incentives undercut the prospects for such a happy outcome. As Landemore recognizes (chs. 5, 7), we cannot assume that majority rule automatically makes effective use of diverse knowledge. It can do so only if certain essential preconditions are met. The question is whether any actually existing democracy can meet them, or is likely to do so in the foreseeable future. II. DEMOCRACY AND THE PRECONDITIONS OF COLLECTIVE WISDOM Landemore’s optimistic account of collective intelligence under demo- cracy is correct as far as it goes—but only if the polity in question meets stringent preconditions. Among the most important of these is lack of correlated errors and a serious effort on the part of most voters to engage with opposing views. In addition, voters need to have at least some basic preliminary knowledge on which to base their deliberations and their decisions to seek out additional information. Unfortunately, actual electorates routinely fall short on all of these counts. And the reasons for their failure are deeply rooted in the basic structure of the modern democratic state. Diversity and Uncorrelated Errors As Landemore recognizes (162–63), a large but diverse electorate is likely to make good decisions only if it does not suffer from correlated errors. If their mistakes are “negatively correlated” with each other, then they will tend to “cancel each other out,” thereby allowing the collective wisdom of the group to overcome individual ignorance (163). Thus, Landemore’s conclusions “rely on the assumption that there is a sym- metrical distribution (random or otherwise) of errors around the right answer (Miracle of Aggregation) or that errors are negatively correlated” (195). If this assumption is false, so too is the theory’s optimistic Somin • Political Ignorance and the Wisdom of the Many 155 conclusion about democracy. The collective benefits of cognitive diversity are unlikely to have much effect if the electorate suffers from systematic errors that afflict a majority of the voters, or sometimes even just a large minority. For example, if there is a widespread error that leads 60 percent of the voters in an electorate of 1 million people to greatly overestimate the benefits of Policy A relative to those of Policy B, then it is highly likely that the voters will make a wrong decision on this issue regardless of how cognitively diverse they otherwise are, and regardless of much collective knowledge they otherwise have.
Recommended publications
  • Originalism and the Ratification of the Fourteenth Amendment
    Copyright 2013 by Northwestern University School of Law Printed in U.S.A. Northwestern University Law Review Vol. 107, No. 4 ORIGINALISM AND THE RATIFICATION OF THE FOURTEENTH AMENDMENT Thomas B. Colby ABSTRACT—Originalists have traditionally based the normative case for originalism primarily on principles of popular sovereignty: the Constitution owes its legitimacy as higher law to the fact that it was ratified by the American people through a supermajoritarian process. As such, it must be interpreted according to the original meaning that it had at the time of ratification. To give it another meaning today is to allow judges to enforce a legal rule that was never actually embraced and enacted by the people. Whatever the merits of this argument in general, it faces particular hurdles when applied to the Fourteenth Amendment. The Fourteenth Amendment was a purely partisan measure, drafted and enacted entirely by Republicans in a rump Reconstruction Congress in which the Southern states were denied representation; it would never have made it through Congress had all of the elected Senators and Representatives been permitted to vote. And it was ratified not by the collective assent of the American people, but rather at gunpoint. The Southern states had been placed under military rule, and were forced to ratify the Amendment—which they despised—as a condition of ending military occupation and rejoining the Union. The Amendment can therefore claim no warrant to democratic legitimacy through original popular sovereignty. It was added to the Constitution despite its open failure to obtain the support of the necessary supermajority of the American people.
    [Show full text]
  • The Obvious Constitutionality of Health Care Reform1
    ANDREW KOPPELMAN Bad News for Mail Robbers: The Obvious Constitutionality of Health Care Reform1 The Supreme Court may be headed for its most dramatic intervention in American politics—and most flagrant abuse of its power—since Bush v. Gore.2 Challenges to President Obama’s health care law3 have started to work their way toward the Court and have been sustained by two Republican-appointed district judges.4 1. A version of this Essay was presented at “Healthcare Reform: The Law and Its Implications,” a seminar of the American Health Lawyers Association, held in Chicago on December 6, 2010. This Essay consolidates and adds to arguments presented in an earlier series of blog posts. Andrew Koppelman, Can’t Think of Another One, BALKINIZATION (Dec. 14, 2010, 11:17 AM), http://balkin.blogspot.com/2010/12/cant-think-of-another-one.html; Andrew Koppelman, Health Care Reform: The Broccoli Objection, BALKINIZATION (Jan. 19, 2011, 4:48 PM), http://balkin.blogspot.com/2011/01/ health-care-reform-broccoli-objection.html; Andrew Koppelman, Non Sequiturs in the Florida Health Care Decision, BALKINIZATION (Feb. 2, 2011, 2:42 PM), http://balkin.blogspot.com/2011/02/non-sequiturs-in-florida-health-care.html; Andrew Koppelman, The Virginia Court’s Bizarre Health Law Decision, BALKINIZATION (Dec. 13, 2010, 5:01 PM), http://balkin.blogspot.com/2010/12/virginia-courts-bizarre-health-law.html. 2. 531 U.S. 98 (2000). For defenses of the modest proposition that the Supreme Court is not constitutionally authorized to appoint the President, see, for example, Laurence H. Tribe, eroG v. hsuB and Its Disguises: Freeing Bush v.
    [Show full text]
  • Criminal Justice John Rappaport†
    Some Doubts About “Democratizing” Criminal Justice John Rappaport† The American criminal justice system’s ills are by now so familiar as scarcely to bear repeating: unprecedented levels of incarceration, doled out disproportion- ately across racial groups, and police that seem to antagonize and hurt the now- distrustful communities they are tasked to serve and protect. Systemic social ail- ments like these seldom permit straightforward diagnoses, let alone simple cures. In this case, however, a large, diverse, and influential group of experts—the legal acad- emy’s “democratizers”—all identify the same disease: the retreat of local democratic control in favor of a bureaucratic “machinery” disconnected from public values and the people themselves. Neighborhood juries, for example, internalize the costs of pun- ishing their own; neighborhood police, “of” and answerable to the community, think twice before drawing their weapons or stopping a local boy on a hunch. The experts and detached professionals who populate our dominant bureaucratic institutions, in contrast, are motivated by different, less salubrious, incentives. Across the gamut of criminal justice decision-making, the democratizers maintain, the influence of the local laity is a moderating, equalizing, and ultimately legitimating one. A generous dose of participatory democracy won’t solve all our problems, but it’s our best shot to get the criminal justice system back on its feet. This Article’s warning is plain: don’t take the medicine. “Democratization” wields undeniable rhetorical appeal but will not really fix what ails us—and may just make it worse. The democratization movement, this Article argues, rests on con- ceptually problematic and empirically dubious premises about the makeup, prefer- ences, and independence of local “communities.” It relies on the proudly counterin- tuitive claim that laypeople are largely lenient and egalitarian, contrary to a wealth of social scientific evidence.
    [Show full text]
  • The Consensus Myth in Criminal Justice Reform
    University of Colorado Law School Colorado Law Scholarly Commons Articles Colorado Law Faculty Scholarship 2018 The Consensus Myth in Criminal Justice Reform Benjamin Levin University of Colorado Law School Follow this and additional works at: https://scholar.law.colorado.edu/articles Part of the Criminal Law Commons, Criminal Procedure Commons, Jurisprudence Commons, Law and Race Commons, Law Enforcement and Corrections Commons, and the Legal Writing and Research Commons Citation Information Benjamin Levin, The Consensus Myth in Criminal Justice Reform, 117 MICH. L. REV. 259 (2018), available at https://scholar.law.colorado.edu/articles/1205. Copyright Statement Copyright protected. Use of materials from this collection beyond the exceptions provided for in the Fair Use and Educational Use clauses of the U.S. Copyright Law may violate federal law. Permission to publish or reproduce is required. This Article is brought to you for free and open access by the Colorado Law Faculty Scholarship at Colorado Law Scholarly Commons. It has been accepted for inclusion in Articles by an authorized administrator of Colorado Law Scholarly Commons. For more information, please contact [email protected]. THE CONSENSUS MYTH IN CRIMINAL JUSTICE REFORM Benjamin Levin* It has become popular to identify a “consensus” on criminal justice reform, but how deep is that consensus, actually? This Article argues that the pur- ported consensus is much more limited than it initially appears. Despite shared reformist vocabulary, the consensus rests on distinct critiques that identify different flaws and justify distinct policy solutions. The underlying disagreements transcend traditional left/right political divides and speak to deeper disputes about the state and the role of criminal law in society.
    [Show full text]
  • Oklahoma City University Law Review
    OCULREV Fall 2014 Somin 415--440 (Do Not Delete) 2/9/2015 5:32 PM OKLAHOMA CITY UNIVERSITY LAW REVIEW VOLUME 39 FALL 2014 NUMBER 3 SPEECH WILLIAM BRENNAN LECTURE 2014: NFIB V. SEBELIUS AND THE CONSTITUTIONAL DEBATE OVER FEDERALISM Ilya Somin* INTRODUCTION I would like to start by thanking Professor Andrew Spiropoulos for his wonderful introduction, and all of you for braving the extreme cold to come and listen to a lecture about constitutional federalism.1 I want to also thank Oklahoma City University for hosting the William Brennan lecture series. It is a great honor for me to follow in the footsteps of the many distinguished past lecturers, such as William Eskridge, Erwin Chemerinsky, Randy Barnett, Nicole Garnett, and last year’s speaker, Judge Diane Sykes. Many of the previous lecturers are either former law school professors of mine or professional colleagues and mentors that I have learned a great deal from. * Professor of Law, George Mason University School of Law. This Article is adapted from the William J. Brennan Lecture delivered at Oklahoma City University School of Law in January 2014. 1. It is perhaps worth noting that the temperature in Oklahoma City on the night I gave the lecture was barely above zero. 415 OCULREV Fall 2014 Somin 415--440 (Do Not Delete) 2/9/2015 5:32 PM 416 Oklahoma City University Law Review [Vol. 39 I should also say a word about Justice William Brennan, the man after whom this lecture series is named. He was unquestionably one of the most successful and influential Supreme Court justices of the twentieth century.
    [Show full text]
  • Eminent Domain Abuse
    The Civil Rights Implications of Eminent Domain Abuse A Briefing Before The United States Commission on Civil Rights Held in Washington, DC Briefing Report Table of Contents i EXECUTIVE SUMMARY ........................................................................................................... iii SUMMARY OF PROCEEDINGS ..................................................................................................1 Panelist Presentations...........................................................................................................1 Ilya Somin................................................................................................................1 J. Peter Byrne...........................................................................................................3 Hilary Shelton ..........................................................................................................6 David Beito ..............................................................................................................9 Discussion..........................................................................................................................10 COMMISSIONERS’ STATEMENTS AND REBUTTALS.........................................................21 Martin R. Castro.................................................................................................................21 Abigail Thernstrom............................................................................................................24 Roberta Achtenberg
    [Show full text]
  • Introduction to Decentralization and Development
    University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 2018 Introduction to Decentralization and Development Shitong Qiao Richard A. Epstein Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Shitong Qiao & Richard A. Epstein, "Introduction to Decentralization and Development," 102 Minnesota Law Review 1485 (2018). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. Foreword_5fmt Foreword Introduction to Decentralization and Development Shitong Qiao† & Richard A. Epstein†† On March 14–15, 2017, a group of Asian and American scholars working in the areas of law, economics, and political sci- ence gathered at the University of Hong Kong Faculty of Law. They debated and discussed decentralization and development at a conference cosponsored by New York University’s Classical Liberal Institute and the University of Hong Kong Faculty of Law’s Centre for Chinese Law. What does decentralization mean? How do we best measure decentralization? Is interjuris- dictional competition a race to the bottom or a race to the top? Is decentralization desirable in China or other jurisdictions? This symposium contains papers presented at the confer- ence, in which authors take various approaches to the relation- ship between decentralization and development: one group of scholars takes a universal and theoretical approach; while the second group of scholars offers original case studies from China, exploring decentralization and its implications on development.
    [Show full text]
  • Democracy, Political Ignorance, and Constitutional Reform
    _________________ DEBATE _________________ DEMOCRACY, POLITICAL IGNORANCE, AND CONSTITUTIONAL REFORM In this Debate, Professors Ilya Somin and Sanford Levinson dis- cuss the constitutional implications of a federal government whose “size, scope, and complexity” are far beyond anything that the framers could have possibly imagined and an electorate that is more likely to be able to name the Three Stooges than the three branches of their government. Both professors agree that the situation is problematic for our democratic form of government and that concerted efforts could—and should—be taken to alleviate the problem. As to what those steps should be, they offer two very different solutions. Professor Somin begins by agreeing with critics of the U.S. Consti- tution, such as Professor Levinson, that “our present constitutional sys- tem has significant flaws.” He worries, however, that constitutional re- forms made in the midst of widespread political ignorance carry no guarantee of establishing anything better. Instead, Professor Somin advocates addressing the problem by “reduc[ing] the overweening power of government over society.” Although large-scale reductions are unlikely in the short term, he asserts that the process can begin by “reestablish[ing] constitutional limits on government power that have eroded over the last several decades.” Professor Levinson argues, however, that a return to a radically smaller replublic is simply not plausible and efforts to effect such change are akin to “swimming upstream, perhaps against a waterfall.” We would be better served, he believes, by adapting our Constitution to match the complexity of the modern state. Through an increase in the number of U.S.
    [Show full text]
  • Comrades Or Foes: Did the Russians Break the Law Or New Ground for the First Amendment?
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by DigitalCommons@Pace Pace Law Review Volume 39 Issue 1 Fall 2018 Article 2 September 2018 Comrades or Foes: Did the Russians Break the Law or New Ground for the First Amendment? Artem M. Joukov University of Southern California Samantha M. Caspar University of Alabama School of Law Follow this and additional works at: https://digitalcommons.pace.edu/plr Part of the Constitutional Law Commons, Criminal Law Commons, Election Law Commons, First Amendment Commons, Law and Politics Commons, and the National Security Law Commons Recommended Citation Artem M. Joukov and Samantha M. Caspar, Comrades or Foes: Did the Russians Break the Law or New Ground for the First Amendment?, 39 Pace L. Rev. 43 (2018) Available at: https://digitalcommons.pace.edu/plr/vol39/iss1/2 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. ARTICLE 2_CASPAR.DOCX (DO NOT DELETE) 3/8/2019 7:33 PM Comrades or Foes: Did the Russians Break the Law or New Ground for the First Amendment? Artem M. Joukov* & Samantha M. Caspar** Freedom of Speech is a “weakness our enemies do not share. That’s why it’s so important.” –Christopher Nolan1 This Article discusses the recent decision by the United States Federal Government to indict more than a dozen Russian nationals for conspiracy to defraud the United States of America.
    [Show full text]
  • Is Post-Kelo Reform Bad for the Poor?
    Copyright 2007 by Northwestern University School of Law Vol. 101 Northwestern University Law Review Colloquy IS POST-KELO EMINENT DOMAIN REFORM BAD FOR THE POOR? Ilya Somin* INTRODUCTION In a recent article in the Northwestern University Law Review Collo- quy,1 Professor David Dana argues that most post-Kelo reform efforts are seriously flawed because they tend to forbid the condemnation of the prop- erty of the wealthy and the middle class for ―economic development,‖ but allow the condemnation of land on which poor people live under the guise of alleviating ―blight.‖ This, he claims, results in reform laws that ―privi- lege[] the stability of middle-class households relative to the stability of poor households‖ and ―express[] the view that the interests and needs of poor households are relatively unimportant.‖2 I agree with Professor Dana that the problem of blight condemnations and its impact on the poor deserves much greater attention, and that post- Kelo reform initiatives should do more to address these concerns. Howev- er, I disagree with his argument that post-Kelo reform efforts have syste- matically treated land where the poor tend to live worse than that of middle and upper class homeowners. As of this time (March 2007), most of the states that have enacted post-Kelo reform laws have either banned both blight and economic development takings (five states, plus Utah, which enacted its reform law prior to Kelo), or defined ―blight‖ so broadly that virtually any property can be declared ―blighted‖ and taken (sixteen states). Several other states have enacted reforms that provide no real protection to any property owners because of other types of shortcomings.
    [Show full text]
  • Conservative Support for Ending Life Tenure at the Supreme Court September 25, 2020
    Conservative Support for Ending Life Tenure at the Supreme Court September 25, 2020 Supreme Court Justices Antonin Scalia, Associate Justice “You always wonder whether you’re losing your grip and whether your current opinions are not as good as your old ones.” [New York Magazine, 10/04/13] John Roberts, Chief Justice “Setting a term of, say, 15 years would ensure that federal judges would not lose all touch with reality through decades of ivory tower existence. It would also provide a more regular and greater degree of turnover among the judges.” [New York Times, 07/30/05] Sandra Day O’Connor, Associate Justice “Because it is an unfortunate fact of life that physical and mental capacity sometimes diminish with age, the people may wish to replace some older judges in order to satisfy the legitimate, indeed compelling, public interest in maintaining a judiciary fully capable of performing judges’ demanding tasks.” [Gregory v. Ashcroft, 501 U.S. 452 (1991)] Public Officials Josh Hawley, Senator (R-MO) “What if justices were not appointed for life? Or, more precisely, what if they did not serve on the Supreme Court for life? […] If they know they will not remain on the Court for an extended period of time, and that the rules they craft will shortly be applied by someone else, they may be far less likely to charge so eagerly into constitutional politics. Article III demands that judges be appointed for life, but it does not necessarily require that Supreme Court justices serve for life — provided they remain judges when not on the Court.
    [Show full text]
  • Turning Federalism Right-Side up Ilya Somin
    University of Minnesota Law School Scholarship Repository Constitutional Commentary 2012 Turning Federalism Right-Side Up Ilya Somin Follow this and additional works at: https://scholarship.law.umn.edu/concomm Part of the Law Commons Recommended Citation Somin, Ilya, "Turning Federalism Right-Side Up" (2012). Constitutional Commentary. 416. https://scholarship.law.umn.edu/concomm/416 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Constitutional Commentary collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. !!!SOMIN-282-TURNINGFEDERALISMRIGHTSIDEUP.DOC (DO NOT DELETE) 12/21/2012 1:33 PM TURNING FEDERALISM RIGHT-SIDE UP THE UPSIDE-DOWN CONSTITUTION. By Michael Greve.1 Harvard University Press. 2012. 528 pp. Cloth, $39.95. Ilya Somin2 INTRODUCTION Michael Greve’s The Upside-Down Constitution is one of the most important works on constitutional federalism in years. It is the best exposition to date of the idea that the American Constitution establishes a federal system primarily devoted to promoting competition between state governments. It is also probably the most comprehensive critique of the traditional view that federalism is really about promoting the interests of state governments. As Greve recognizes, state governments rarely want to compete, often preferring to establish cartels among themselves (pp. 8–9, 189–94). Much previous scholarship has explored the advantages of interstate competition,3 and the idea that the enforcement of fe- 1. John G. Searle Scholar, America Enterprise Institute for Public Policy Research; Professor of Law, George Mason University School of Law.
    [Show full text]