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The term legal scholars use for "leveraging the high ground to win battles without losing that high ground" is "anti-hardball tactics."
Shall I tell you all about anti-hardball tactics?
It's not as thrilling as Star Wars (well, unless you're a total nerd
)
1/ https://twitter.com/WordsWithFrentz/status/1345485643674095617
Shall I tell you all about anti-hardball tactics?
It's not as thrilling as Star Wars (well, unless you're a total nerd
)1/ https://twitter.com/WordsWithFrentz/status/1345485643674095617
The comment was in response to 
. I advised against Democrats adopting Republican-style strategies.
Simple reason: Why imitate people you don't admire?
But it's more complicated because people get frustrated with the slow workings of democracy.
2/ https://twitter.com/Teri_Kanefield/status/1345441581596229632
. I advised against Democrats adopting Republican-style strategies.Simple reason: Why imitate people you don't admire?
But it's more complicated because people get frustrated with the slow workings of democracy.
2/ https://twitter.com/Teri_Kanefield/status/1345441581596229632
This is a great lecture if you're bored because of the pandemic.
Prof. Levitsky concludes that while we aren’t sliding into autocracy (because our institutions are holding out) we ARE sliding into dysfunction.
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Prof. Levitsky concludes that while we aren’t sliding into autocracy (because our institutions are holding out) we ARE sliding into dysfunction.
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The danger of dysfunction is that people will lose faith in the government, which will further weaken our systems.
Example: a Senator told Levitsky we may come to a time when the only way to get judges appointed will be if both parties control the Senate and White House.
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Example: a Senator told Levitsky we may come to a time when the only way to get judges appointed will be if both parties control the Senate and White House.
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We call all agree that the Republicans are using hardball tactics.
The greatest danger to democracy is what Levitsky calls “escalation.”
“Escalation,” says Levitsky, “rarely ends well.”
(escalation = responding with more hardball)
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The greatest danger to democracy is what Levitsky calls “escalation.”
“Escalation,” says Levitsky, “rarely ends well.”
(escalation = responding with more hardball)
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In this thread, I explained why adopting hardball tactics is a terrible idea. I won't repeat those arguments.
I'll add one more: The Dems have better medium and long-term prospects than the Republicans because the GOP represents a shrinking minority.
https://twitter.com/Teri_Kanefield/status/1345441581596229632
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I'll add one more: The Dems have better medium and long-term prospects than the Republicans because the GOP represents a shrinking minority.
https://twitter.com/Teri_Kanefield/status/1345441581596229632
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It's not shrinking as fast as we'd like but the GOP is having trouble winning nationwide elections, having won the popular vote only twice in a few decades (1988 and 2004.)
So it's in the interests of Democrats to preserve democratic institutions, right?
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So it's in the interests of Democrats to preserve democratic institutions, right?
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So the Democrats must be careful not to escalate matters. Escalating matters will put more stress on democratic institutions.
Levitsky uses the earthquake analogy. The Republicans are shaking the buildings. We don't respond by putting more pressure on the structures.
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Levitsky uses the earthquake analogy. The Republicans are shaking the buildings. We don't respond by putting more pressure on the structures.
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We try to reinforce them.
This doesn’t mean Democrats should be passive, or acquiescent, or abandoning vigorous opposition.
But instead of destructive hardball tactics, Levitsky recommends that Democrats use what Columbia Law prof David Pozen calls anti-hardball reform.
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This doesn’t mean Democrats should be passive, or acquiescent, or abandoning vigorous opposition.
But instead of destructive hardball tactics, Levitsky recommends that Democrats use what Columbia Law prof David Pozen calls anti-hardball reform.
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Anti-Hardball Reform means responding in ways that blunts GOP anti-rule-of-law power grabs without putting additional pressure and stress on the democratic institutions.
For more on anti-hardball tactics, see: https://scholarship.law.columbia.edu/cgi/viewcontent.cgi?article=3579&context=faculty_scholarship
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For more on anti-hardball tactics, see: https://scholarship.law.columbia.edu/cgi/viewcontent.cgi?article=3579&context=faculty_scholarship
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To take an example: Suppose the GOP passes restrictive voter ID laws. Such a law will fall more heavily on lower-income communities, making it harder to vote.
Hardball response: Take away the right to pass such laws. This, though, weakens legislatures.
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Hardball response: Take away the right to pass such laws. This, though, weakens legislatures.
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Anti-hardball response: organize a massive drive to get everyone the correct I.D. This way, we elect pro-democracy representatives who can then further strengthen our institutions from within.
It's hard work. But then, democracy is hard work.
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It's hard work. But then, democracy is hard work.
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Levitsky says we’re in a political earthquake, undergoing a transition from a white Christian (male) dominated America—which was decidedly undemocratic for women and minority communities—to a true liberal democracy.
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Ethnic majorities rarely give up their power without a struggle.
Levitsky quotes these statistics
As the GOP watches its long-term prospects diminish, it is becoming increasingly desperate and sees possible defeat as catastrophic.
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Levitsky quotes these statistics
As the GOP watches its long-term prospects diminish, it is becoming increasingly desperate and sees possible defeat as catastrophic.
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I've said before that authoritarianism has deep roots in the United States. Slavery, Jim Crow, women in the home, are all authoritarian structures, based on a non-democratic hierarchy.
Since the 1950s, we've been moving, for the first time, toward a true liberal democracy.
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Since the 1950s, we've been moving, for the first time, toward a true liberal democracy.
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Democracy is slow, grinding, frustrating work. You have to compromise and work with people you don't like.
I've also said that democracy will survive if enough people want it to, and are willing to do the work.
Need ideas?
See: https://terikanefield-blog.com/things-to-do/
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I've also said that democracy will survive if enough people want it to, and are willing to do the work.
Need ideas?
See: https://terikanefield-blog.com/things-to-do/
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I need to go watch Star Wars again.
To understand the appeal of autocracy consider how easy it is: No gridlock. Whatever the autocrat says, happens. Change can be rapid. No cumbersome checks and balances. No need to worry about due process.
17/ https://twitter.com/rvaux16/status/1345491594347044869
To understand the appeal of autocracy consider how easy it is: No gridlock. Whatever the autocrat says, happens. Change can be rapid. No cumbersome checks and balances. No need to worry about due process.
17/ https://twitter.com/rvaux16/status/1345491594347044869
It's the slow workings of democracy, in fact, that prevented Trump from making himself dictator for life.
Be grateful for the slow workings and stop asking for a Solution. Right. Now.
Also, I have a serious pet peeve. . . .
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Be grateful for the slow workings and stop asking for a Solution. Right. Now.
Also, I have a serious pet peeve. . . .
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I get really annoyed when people blame the current troubles on Pelosi and Schumer for not doing more to stop the Republicans, particularly because the "do something now" people are generally advocating going around the cumbersome legal procedures.
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I probably shouldn't have been quite so harsh in my last tweet.
On the other hand, a "cry of desperation" for our leaders to "do something" assumes there's a quick fix, if only the leaders would just do it.
There is no easy solution.
The long term solution is up to us.
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On the other hand, a "cry of desperation" for our leaders to "do something" assumes there's a quick fix, if only the leaders would just do it.
There is no easy solution.
The long term solution is up to us.
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I've also said this: People born after the modern civil rights movement inherited (for the first time in American history) an expanding liberal democracy.
Sometimes people who inherit something think they're entitled. Nope.
Democracy must be earned in each generation.
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Sometimes people who inherit something think they're entitled. Nope.
Democracy must be earned in each generation.
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A hardball tactic is something technically allowable under the Constitution but nonetheless consists of a norm-breaking power grab not anticipated by the Constitution.
Example: McConnell blocking Obama's Supreme Court pick.
https://twitter.com/Roslynbooks/status/1345524045501104130
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Example: McConnell blocking Obama's Supreme Court pick.
https://twitter.com/Roslynbooks/status/1345524045501104130
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