The Dangers of Constitutionalism

The Dangers of Constitutionalism

Copy Link
Facebook
X (Twitter)
Bluesky
Pocket
Email

I just spent a few hours at the Ron Paul rally, about which I’ll have more to say later. But as I listened to the speakers get misty eyed over the constitution and describe their views as constitutionalism, it crystallized something that’s bothered me for a long time about the way the left tends to talk about the shredding of basic civil liberties that have happened over the last 8 years. There’s a tendency to defend civil liberties in the context of fidelity to the constitution, which has the twin virtues of being a) accurate and b) politically potent — who doesn’t support the constitution? But hearing people with beliefs quite different from mine on issues other than civil liberties invoke the same justification to rail against what amounts most of what makes up the modern liberal state, I couldn’t help feel that perhaps the constitution is not the best way for progressives and civil libertarians to make their argument. It acts, in a way, as both a short-cut and a cipher.

The constitution itself is a remarkable document, but also flawed. Prophetic in places (the 1st amendment), short-sighted in others (the 3rd amendment). And the Paulites make a plausible case that the Founding Fathers (at least some of them) would be scandalized by things like Social Security and most of the modern regulatory state. I’m not quite sure where this goes: how you build a robust argument for civil liberties not reliant on invoking a document, but something about the ceaseless fetishization of the Constitution at the Paul event gave me pause.

Disobey authoritarians, support The Nation

Over the past year you’ve read Nation writers like Elie Mystal, Kaveh Akbar, John Nichols, Joan Walsh, Bryce Covert, Dave Zirin, Jeet Heer, Michael T. Klare, Katha Pollitt, Amy Littlefield, Gregg Gonsalves, and Sasha Abramsky take on the Trump family’s corruption, set the record straight about Robert F. Kennedy Jr.’s catastrophic Make America Healthy Again movement, survey the fallout and human cost of the DOGE wrecking ball, anticipate the Supreme Court’s dangerous antidemocratic rulings, and amplify successful tactics of resistance on the streets and in Congress.

We publish these stories because when members of our communities are being abducted, household debt is climbing, and AI data centers are causing water and electricity shortages, we have a duty as journalists to do all we can to inform the public.

In 2026, our aim is to do more than ever before—but we need your support to make that happen. 

Through December 31, a generous donor will match all donations up to $75,000. That means that your contribution will be doubled, dollar for dollar. If we hit the full match, we’ll be starting 2026 with $150,000 to invest in the stories that impact real people’s lives—the kinds of stories that billionaire-owned, corporate-backed outlets aren’t covering. 

With your support, our team will publish major stories that the president and his allies won’t want you to read. We’ll cover the emerging military-tech industrial complex and matters of war, peace, and surveillance, as well as the affordability crisis, hunger, housing, healthcare, the environment, attacks on reproductive rights, and much more. At the same time, we’ll imagine alternatives to Trumpian rule and uplift efforts to create a better world, here and now. 

While your gift has twice the impact, I’m asking you to support The Nation with a donation today. You’ll empower the journalists, editors, and fact-checkers best equipped to hold this authoritarian administration to account. 

I hope you won’t miss this moment—donate to The Nation today.

Onward,

Katrina vanden Heuvel 

Editor and publisher, The Nation

Ad Policy
x