Trump v. Slaughter exposes who really fears democracy
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On that point, Harsanyi and I agree. Judicial and bureaucratic overreach distort constitutional government. The harder question is whether voters object.
From what I can tell, most do not. Many Americans seem content to trade constitutional self-government for managerial rule, provided the system delivers benefits and protects their expressive preferences. The populist right may bristle at this arrangement, but a leftist administrative state that claims to speak for “the people” may reflect the electorate’s will.
Recent elections reinforce that suspicion. Voters showed little interest in reclaiming authority from courts or bureaucracies. They appeared far more interested in government largesse and symbolic rights than in the burdens of republican self-rule.
Consider abortion. Roe v. Wade rested on shaky legal ground, yet large segments of the public enthusiastically embraced it for nearly 50 years. When the Roberts Court overturned Roe in 2022 and returned the issue to the states, many voters responded with fury. States enacted expansive abortion laws, and Democrats benefited from unusually high turnout. The electorate did not welcome responsibility. It resented it.
This reaction should not surprise anyone familiar with history. In 1811, Spaniards rejected the liberal constitution imposed by French occupiers, crying “abajo el liberalismo” — down with liberalism. They did not want abstract rights. They wanted familiar authority.
At least half of today’s American electorate appears similarly disposed. Many prefer guided democracy administered by judges and managers to the uncertainties of self-government. Their votes signal approval for continued rule by the administrative state. Republicans may slow this process at the margins, but Democrats expand it openly, and voters just empowered them to do so.
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I anticipated this outcome decades ago. In “After Liberalism” (1999), I argued that democracy as a universal ideal tends to produce expanded managerial control with popular consent. Nineteenth-century fears that mass suffrage would yield chaos proved unfounded. Instead the extension of the franchise coincided with more centralized, remote, and less accountable government.
As populations lost shared traditions and common authority, governance shifted away from democratic participation and toward expert administration. The state grew less personal, less local, and less answerable, even as it claimed to act in the people’s name.
Equally significant has been the administrative state’s success in presenting itself as the custodian of an invented “science of government.” According to this view, administrators form an enlightened elite, morally and intellectually superior to the unwashed masses. Justice Jackson’s warnings reflect this assumption.
I would like to believe, as Harsanyi suggests, that Americans find such attitudes insulting. I am no longer sure they do. Many seem pleased to be managed. They want judges and bureaucrats to make decisions for them.
That preference should trouble anyone who still cares about constitutional government.
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