Democrats Dismiss Our Constitutional Traditions As 'Nostalgia'

Authored by Jonathan Turley,

Below is my column in The Hill on the latest spin from the left to convince Americans to abandon core constitutional institutions and values as part of a radical agenda in the upcoming elections. Those who defend our traditions, on the 250th anniversary of our Republic, are now being accused of being “nostalgic” rather than progressive. It is a nostalgia that will take on a truly tragic element if professors, pundits and politicians are successful in this effort.

It appears that the Madisonian democracy has joined shackets and combat boots as embarrassingly outdated for many on the left. In calling for radical changes to our constitutional system, leading Democrats are now calling the lingering loyalty to our traditions as mere “nostalgia.” To be nostalgic in today’s parlance is to be a dupe of the oligarchs and an enemy to reform.

“Nostalgia” has become the new coded term for reactionaries among Democratic figures, who are trying to convince Americans to accept radical changes to our republic after 250 years.

Kamala Harris recently insisted that opposition to ideas like packing the Supreme Court is mere “nostalgia” for a system that is no longer working. “I would caution us against talking about rebuilding with any sense of nostalgia about how things work, because even before, they weren’t working so well for a lot of folks,” she said. That “nostalgia,” according to Harris, is preventing us from doing things like packing the Supreme Court with an instant liberal majority.

California Gov. Gavin Newsom (D) last week also declared that “nostalgia is not working” and, while refusing to embrace socialism, added that “capitalism as we know it doesn’t work.”

Morris Katz, a political strategist for Zohran Mamdani, spoke to CNN’s Dana Bash about looking beyond the label of democratic socialism and instead simply to accept that “our government does not work.” They are joining socialists who have long promised revolutionary changes without “introspection, nostalgia or regret.”

It is an all-too-familiar pitch. Sixty years ago, a call to break free of “old ideas, old culture, old customs, and old habits” revolutionized a nation. That call was heard in a Chinese paper that would help lay the foundation for Mao Zedong’s bloody Cultural Revolution. Marxists had long rejected calls to preserve institutions and citizens’ rights as “nostalgia” and “sentimentality,” standing in the way of needed progress.

For the Democratic Socialist of America organization, nostalgia stands in the way of getting rid of the Senate, presidency, and the Supreme Court to fundamentally change the republic.

The effort is to condition Americans to adopt radical changes to our core institutions that professors and pundits say will guarantee Democrats never lose power again.

That is not an easy task for a people who have benefited from the oldest and most prosperous democracy for 250 years. They have to be very angry or very afraid to take such a radical course.

The Soviets understood that about the U.S. After Yuri Bezmenov, a KGB agent working in the media, defected in 1970, he revealed the four stages by which the Soviets hoped to bring about revolutionary change in the U.S. It began with undermining our institutions and values, with the help of journalists and academics.

With establishment figures lining up behind radical changes, including packing the Supreme Court, the public is hearing a constant drumbeat of how our system is broken.

Even Democratic judges are joining the chorus. Indeed, some appear to be auditioning for the slots promised by Democratic leaders to take over the court with a reliable liberal majority.

This week, the Hawaii Supreme Court issued an unhinged diatribe against the U.S. Supreme Court that abandoned any semblance of judicial restraint or decorum. It declared the majority as effectively racists, saying that “The Roberts Court sees only white.” It portrayed the court as a rogue institution that “overrides what Congress passed. It overrides what the people chose. All to serve its own ends.”

It is an opinion that would make an MS NOW host blush. But it follows a pattern on the left to get people to turn against our institutions and even against the Constitution itself.

Others are telling the public that they are being repressed by the Constitution, which must be scrapped. In a New York Times op-ed — “The Constitution Is Broken and Should Not Be Reclaimed” — law professors Ryan Doerfler of Harvard and Samuel Moyn of Yale called for the nation to “reclaim America from constitutionalism.”

In yet another New York Times editorial, Jennifer Szalai denounced  “Constitution worship” and claimed that “Americans have long assumed that the Constitution could save us. A growing chorus now wonders whether we need to be saved from it.”

Berkeley Dean Erwin Chemerinsky insists that it is time to trash the Constitution in favor of “radical changes.”

These voices are seeking to remove all of the moderating elements of our system —the safety features that have produced the world’s most successful and stable republic. They are the very constitutional elements protecting us from the tyranny of the majority, protecting us from ourselves.

Without those protections, we will unleash the self-destructive forces that have been tearing apart other democratic systems since Athens. It is our constitution that spared us from that fate. As James Madison observed, “Had every Athenian citizen been a Socrates, every Athenian assembly would still have been a mob.”

Of course, history has shown that such radical proposals ultimately produce not democracy, but what the Framers called mobocracy. If we let that happen, many Americans will indeed look back at the last 250 years with a tragic sense of nostalgia.

Jonathan Turley is a law professor and the New York Times bestselling author of “Rage and the Republic: The Unfinished Story of the American Revolution.“