avatar
Beau Baumann 🍏 @beaubaumann.bsky.social

Gotta be real that there’s not a realistic prospect of a tyrannical Congress in my lifetime or my son’s. Presidentialism and juristocracy are the clear and present dangers.

aug 29, 2025, 5:27 pm β€’ 3 0

Replies

avatar
Nicholas Handler @nicholashandler.bsky.social

I don't disagree that these are the more imminent dangers by far. But it's been a long time since we've had a truly powerful Congress, and I think it's hard to say how that would shake out today with any degree of confidence.

aug 29, 2025, 5:31 pm β€’ 0 0 β€’ view
avatar
Nicholas Handler @nicholashandler.bsky.social

I think we'd want ways for Congress to form affirmative value commitments, beyond just displacing the President as a site of political power. i think this is consistent with your own writing on Congress!

aug 29, 2025, 5:32 pm β€’ 1 0 β€’ view
avatar
David Froomkin @dfroomkin.bsky.social

I prefer for all public officials to do good things. The institutional question is whether empowering the President or Congress is more likely to lead to good things, and I think the answer is clearly Congress.

aug 29, 2025, 5:45 pm β€’ 1 1 β€’ view
avatar
Nicholas Handler @nicholashandler.bsky.social

Maybe! I suppose I'm just more cautious about how useful institutional design is on its own. There was a long period in the 20th century when liberals felt the same way about courts. Politics can change institutions quickly and in unpredictable ways.

aug 29, 2025, 5:49 pm β€’ 2 0 β€’ view
avatar
David Froomkin @dfroomkin.bsky.social

I think they were wrong. Being wrong about one institution doesn't imply the futility of institutional design. I also agree, as I said above, that institutional design is no panacea. But we should still expect different institutions to perform differently in meaningful ways.

aug 29, 2025, 5:54 pm β€’ 2 0 β€’ view
avatar
Beau Baumann 🍏 @beaubaumann.bsky.social

πŸ’―πŸ’―πŸ’―πŸ’―πŸ’―πŸ’―πŸ’―πŸ’―

aug 29, 2025, 5:46 pm β€’ 0 0 β€’ view