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Infocusfocusquarterly Governing Post-Pandemic VOLUMEVOL. 9 ISSUE 15 ISSUE 4 | FALL 2 | 2015 SPRING 2021 ininFOCUSFOCUSQUARTERLY Governing Post-Pandemic Mark Meirowitz on Hyper-Partisanship | Max Abrahms on Combatting Domestic Extremism | Peter tktk on tktk | Huessy on Nuclear Modernization | Richard W. Rahn on Stimulus-Induced Inflation | Philip Hamburger on Regulating Online Speach | Tom Finnerty on Biden’s Energy Plan | Tevi Troy on 2020 Healthcare Lessons | Ian Kingsbury and Jason Bedrick on School Choice | Paul J. Larkin Jr. on the Healing Power of Dogs | David Wurmser on Eroding Fiduciary Responsibility | Shoshana Bryen reviews The Kennedys in the World ALLIANCES:Featuring AMERICAN an Interview INTERESTS with Prof. IN A GlennCHANGING Loury WORLD LETTER FROM THE PUBLISHER elcome to Spring. Daffodils Jason Bedrick consider school choice inFOCUS are up, people are being as a Jewish option. And Tevi Troy asks VOLUME 15 | ISSUE 2 vaccinated (not fast enough, what, if anything, we’ve learned about but the whole process medicine and our medical systems. Not Publisher W Matthew Brooks has been epic from the start of our all of our priorities are domestic – Peter understanding of the virus, through Huessy reminds us that nuclear mod- Editor Chinese obfuscation and lies, to tens ernization can’t be put off forever. Paul Shoshana Bryen of millions of jabs and more to come). Larkin lowers our blood pressure with Associate Editors That means Congress and the White the value of rehabilitation animals, for Michael Johnson House should be focused which we are grateful. Lisa Schiffren on where our country is Brown University Copy Editor going as the fog lifts. We, Professor Glen Loury rais- Shari Hillman at inFOCUS Quarterly es it again with a remark- Published by: are here to help with our able, no-hold-barred inter- Jewish Policy Center annual “issues issue.” view on race in America. PO Box 77316 We have priorities. Shoshana Bryen re- Washington, DC 20013. Our first, and overriding priority is views The Kennedys by Lawrence J. Haas (202) 638-2411 the bridging partisan divide that makes and, almost by accident, discovers the progress on the others nearly impossi- roots of many of today’s foreign policy Follow us: ble and undermines the strength of our conundrums back in the “Swingin’ 60’s.” JewishPolicyCenter Republic. Mark Meirowitz outlines the If you appreciate what you’ve read, @theJPC key gifts of the Founders. Max Abrahms I encourage you to make a contribution tackles domestic extremism – left and to the Jewish Policy Center. As always, The opinions expressed in inFOCUS do not right. For Philip Hamburger and David you can use our secure site: http://www. necessarily reflect those of the Jewish Policy Center, its board, or its officers. Wurmser, the Constitution is the guide jewishpolicycenter.org/donate for both the parameters of free speech To begin or renew your subscription, please and the fiduciary responsibility of our Sincerely, contact us: [email protected] banking and investment system. It is ig- nored at great peril. Richard Rahn con- © 2021 Jewish Policy Center siders another societal peril – looming Matthew Brooks, inflation as a result of our pandemic- Publisher driven choices. Tom Finnerty vets the www.JewishPolicyCenter.org “New Green Deal.” Ian Kingsbury and MARK MEIROWITZ, Ph.D., is a professor at the State Manhattan Institute. (20) University of New York Maritime College. (3) TEVI TROY, Ph.D., is a presidential historian, former White MAX ABRAHMS is Associate Professor of Political Science at House aide, and a JPC Fellow. (25) Featuring Northeastern University. (6) IAN KINGSBURY is an Education Fellow at the Empire Center PETER HUESSY is President of GeoStrategic Analysis. (8) for Public Policy. JASON BEDRICK is Director of Policy at RICHARD W. RAHN is chairman of the Institute for Global EdChoice. (28) Economic Growth and MCon LLC. (12) PAUL J. LARKIN JR. is a Senior Legal Research Fellow at PHILIP HAMBURGER is a professor at Columbia Law School Meese Center for Legal and Judicial Studies at the Heritage and president of the New Civil Liberties Alliance. (14) Foundation. (31) TOM FINNERTY writes about politics and energy policy for DAVID WURMSER, Ph.D., is Director of the Center for The-Pipeline.org, an energy newsletter. (17) Security Policy’s Project on Global Anti-Semitism and the U.S.-Israel Relationship. (34) GLENN LOURY is the Merton P. Stoltz Professor of Economics at Brown University, and a Senior Fellow at the SHOSHANA BRYEN is Senior Director of the Jewish Policy Center and Editor of inFOCUS Quarterly. (37) Can the Founding Fathers Help With Today’s Challenges? by MARK MEIROWITZ merica is at a crossroads. The about majoritarian control. Madison, in view, then the balancing envisioned by pandemic combined with deep Federalist No. 51, said that “[i]f a major- the Founders does not work. The problem political polarization has led ity be united by a common interest, the of the outsized influence of political par- AAmericans to question the effica- rights of the minority will be insecure.” ties has been a phenomenon irrespective cy and value of our governmental institu- Madison was also concerned that “the of the party in power. Also there needs tions. Our political parties are in a mortal accumulation of all powers, legislative, to be a balancing between the various battle on a variety of issues, and politics executive and judiciary, in the same branches; George Washington said that has become a zero-sum game, in which hands, whether of one, a few, or many, the Framers created the Senate to “cool” each party, when in control of a branch and whether, hereditary, self-appointed, down House legislation, just as a saucer of government, ignores the views of the or elective, may justly be pronounced was used to cool hot tea. This cooling other party. As of this writing, the U.S. the very definition of tyranny.” function doesn’t work very well when po- Congress implementing a $1.9 trillion Covid Relief Package which was passed in the Senate through a procedure entitled ...You must first enable the government to control the “reconciliation,” requiring only a ma- governed; and .... oblige it to control itself. jority vote (i.e., the approval of only one political party). One minority Senator demanded that the 628-page Covid relief bill be read in its entirety, wasting endless The Founders were realists, under- litical parties determine the interaction of hours of time, instead of proceeding by standing that a government established the two houses of Congress. unanimous consent (the custom). Both by men, rather than angels (under which Our basic institutions and standards parties have resorted to scorched earth no government would be necessary), have come under scrutiny and criticism. warfare to get bills passed. would need to find a way to function ef- A few examples: One wonders what the Founding fectively. They came up with checks and Fathers might have thought of all this. balances as the solution. “Ambition must ❚ Impeachment When asked by an inquisitive pass- be made to counteract ambition,” and that The standard for impeachment erby at the Constitutional Convention, “in framing a government which is to be and conviction in Article II, Section 4, “What have we got a republic or a mon- administered by men over men, the great “high crimes and misdemeanors” is still archy?” Benjamin Franklin replied, “A difficulty lies in this: you must first enable unclear. Indeed, when the Committee republic… if you can keep it.” This is our the government to control the governed; of Eleven debated this provision at the challenge today. and in the next place oblige it to control Constitutional Convention, George On political parties, Thomas itself” (Madison, Federalist No. 51). Mason suggested that the proper stan- Jefferson was quite explicit, “If I could dard for impeachment was “maladmin- not go to heaven but with a party, I would ❚ The Influence of Parties istration” as well as treason and bribery. not go there at all.” James Madison spoke In today’s political maelstrom, one James Madison was of the view that about the “mischiefs of faction.” “When senses that the government appears to “maladministration” was too vague, so a majority is included in a faction, the be dysfunctional, and is not control- the resulting provision as suggested by form of popular government, on the ling itself, with the conflict deriving not Mason, and included in the Constitution, other hand, enables it to sacrifice to its from the branches competing with each was “treason, bribery, or other high ruling passion or interest both the pub- other, but from the influence of politi- crimes and misdemeanors.” Alexander lic good and the rights of other citizens” cal parties within the branches. If the Hamilton was of the view (Federalist No. (Federalist No. 10). House, Senate, and Presidency line up 65) that impeachment was directed to ad- The Founders were also very worried on an issue, following only one party’s dress “offenses which proceed from the Governing Post-Pandemic | inFOCUS 3 misconduct of public men, or, in other through implementing the National they are not able to govern themselves.” words, from the abuse or violation of Popular Vote Compact, which provides The Founding Fathers were not great fans the public trust,” and that these matters that the candidate who wins the national of pure democracy but conceded that the “are of a nature which may with peculiar popular vote will automatically receive all source of government power was the peo- propriety be denominated POLITICAL of the electoral votes in each state. ple (“We The People”) and the consent of as they relate chiefly to injuries done The Electoral College was estab- the governed. The Founders created po- immediately to the society itself.” With lished by the Founding Fathers to pre- litical institutions like the Presidency and prescient insight, Hamilton added that vent the people from directly electing the U.S.
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