By Kevin D. Williamson
Tuesday, April 04, 2017
A little more than 20 years ago, the Texas legislature
was afire with controversy surrounding a redistricting project. Advertising my
ignorance of the process, I asked a veteran state legislator at the time
whether he thought the redistricting process was “politicized.” No, he
explained, it isn’t politicized — it
is political. “Redistricting is the
most political thing a legislature does,” he said.
And the scales fell from my eyes.
“Politicized” may be the most abused and least understood
word in our political lexicon. The New
York Times complained that certain policies of the George W. Bush
administration “politicized” health care; Nancy Pelosi, whose ability to keep a
straight face is not natural, once lamented the “politicization” of the Justice
Department; Boyd Matheson, a conservative activist and former chief of staff to
Mike Lee, charges that Harry Reid “politicized” the workings of the Senate;
Myron Ebell, who oversaw the Trump administration’s EPA transition, says that
the agency relies on “politicized” science; Barack Obama, answering critics who
accused him of ghoulishly exploiting sensational shootings, said that such
episodes are “something we should politicize.” Some of these complaints make
sense, and some do not.
The Washington Post
reports that Neil Gorsuch has experienced “a highly politicized confirmation
hearing,” and Senator Lindsey Graham (R., S.C.) joined in, criticizing
Democrats for “politicizing” the confirmation process: “We’re taking the
nomination process to a place it was never intended to go by the framers of the
Constitution,” he said. “Alexander Hamilton would be rolling in his grave.”
But if Mr. Hamilton did not intend for the process to be
political, why would he have entrusted it to a bunch of — pardon me for
noticing — politicians?
That matters of public concern are politicized is not a
defect of democracy — it is part of the design. That is how the democratic
process works: Different constituencies within the polity disagree about the
best way to regulate health insurance or about how abortion should stand under
the law or about what is the best way to raise revenue for the federal
government. Elected representatives fight and negotiate and make speeches and
politick the issue until some sort of resolution is reached (or isn’t), and
then the electorate goes to the polls to render judgment. This is a process
that has some problems, to be sure: Ignorance is the natural
and rational state of the voter; discrete issues are bundled together in a
way that makes disaggregating them difficult or impossible; tribalism is more powerful
than analysis; voters are no more likely to be virtuous citizens than are their
representatives; opinion changes quickly in response to events that are partly
or entirely exogenous to public policy.
The inevitable cliché here, often attributed to Winston
Churchill, is: “Democracy is the worst form of government, except for all those
others that have been tried from time to time.” But that does not get at the
whole truth: It is not that there is no alternative to the “politicized” way of
doing things — most of the good things we enjoy in this world are the result of
markets and other spontaneous orders, not of politics — but there is no
alternative to it when relying on the public sector.
That is not a bad thing — not necessarily. The Supreme
Court, acting in its role as illegitimate superlegislature and scriptural
council, from time to time attempts to remove some item of controversy from the
political sphere, as it did when it yanked a constitutional right to abortion
out of its penumbra in 1973. That did not neutralize abortion as a political
issue or elevate it to some new plane of existence in which it is subject only
to a divine wisdom superior to politics — it simply took democratic
accountability and the democratic voice out of the equation. Sometimes, that is
the right thing to do: Mr. Madison et al. included a Bill of Rights in the
Constitution precisely to that end. The Bill of Rights is, properly understood,
a List
of Stuff You Idiots Cannot Be Trusted to Vote On. (“We want to censor that guy!”
“Too bad.” “No, we really, really want to, and there’s a bunch of us!” “Too
bad.” “We’re the majority!” “Too bad.” Etc.) But sometimes you need the
democratic contest. Knowing what ought to be subject to plebiscitary judgment
and what ought to be above or outside of formal democratic processes is a big
part of political wisdom, which has not grown plentiful since the 18th century.
At the moment, we’ve stood that wisdom on its head,
lamenting the inevitably political
actions of the political bodies while
accepting — sometimes gleefully, sometimes with despair—the politicization of
those institutions that ought to be outside of politics, the Supreme Court and
the federal bureaucracies chief among them. Of course the Democrats’ attempt to
prevent the nomination of Neil Gorsuch to the Supreme Court is a political part
of a political process; of course the Republican response to this will be
political (and, one hopes, entirely ruthless). Presidents politicize everything
they touch, every room they enter, and every subject about which they speak:
President George H. W. Bush managed to politicize broccoli during his tenure. Of course the Texas legislature will
have an eye on politics when it engages in redistricting: Redistricting is a
political process, one whose character is the direct result of the ordinary
democratic processes by which the members of state legislatures are elected. A
politicized House committee is a House committee functioning as intended; a
politicized IRS is a menace to liberty and democracy that ought to be handled
with the seriousness of a foreign invasion.
The great progressive conceit is that experts can
scientifically manage human affairs the way expert managers run a factory. One
of the amusing aspects of the current battle over redistricting — Democratic
concern about so-called gerrymandering very closely tracks the Republican
ascendancy in the state legislatures — is that progressive critics complain
that today’s redistricting is different from the redistricting that happened
back when Democrats controlled most state legislatures, because Republicans are
. . . too good at it. The development of new software tools has been a real
boon to the modern psephological engineer. And what is proposed as an
alternative? Different software, designed and implemented by experts whose work
is not “politicized.”
Well.
Part of the problem is that many Americans do not
understand the architecture of our constitutional order; another part of the
problem is that some Americans do understand the architecture of our
constitutional order and hate it, or
at least resent the fact that it keeps them from doing what they want. That is
why we have so many Democrats at the moment dreaming up ways around the First
Amendment, prosecuting those with nonconforming views about climate change
under spurious fraud allegations, censoring films critical of Democratic
candidates in the name of “campaign finance reform,” and pursuing felony
charges against anti-abortion activists engaged in the age-old practice of
undercover investigative reporting. (Here, let us praise Kevin Drum of Mother Jones, one of the increasingly
rare voices on the left who stands for freedom of speech even for those with
whom he disagrees.) It is why Democrats habitually attempt to shut down the
inevitably political debate over
climate-change policy with high-handed declarations that Science has spoken,
capital-S Science having partly displaced the capital-H History of the
midcentury Marxists and their epigones, though not so much that Barack Obama
did not feel the need to proclaim himself “on the right side of History” when
he ran out of arguments.
People tend to complain about things’ being “politicized”
most intensely when the politics is going against them, and the Democrats seem
to just be getting the news that Barack Obama’s remarkable self-centeredness
made him very, very good at winning elections — for himself. The rest of the
Democratic party is in pretty poor shape. And the question they face in the
immediate future is not whether to politicize the confirmation of Neil Gorsuch
but whether to do so in a stupid and self-destructive way, attempting to do
from their current minority position what Republicans did to poor old Merrick
Garland (for excellent, political
reasons) from their majority position. The problem with that isn’t that it is
political, but that it is a terrible idea.
People will speechify about “statesmanship,” about high
principle and patriotism and “setting aside politics to come together to do the
right thing.” When you hear that kind of talk, put on your waders. Say what you
will about a bare-knuckles political fight, it is more honest than the
alternative.
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