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Notes -
You're right that there were complaints both ways about judicial activism. I happen to think the left does more of it, and is more openly motivated by whatever they want to be true, but fair enough.
I think more policy conversations in general would be good. But how would you propose they happen? I think, perhaps unusually in our history, though I'm not sure about that, a lot of politics is governed by the lowest common denominator: whatever appeals to the most people online, oriented towards their respective bases. (That's not exactly right, but close enough). How do you manage a constructive conversation like that? You could have one, but you'd have to avoid making it about scoring points. I'm sure some politicians are sincere enough and sufficiently non-cynical to do this. But even then, you'd still have to make it be something that reaches the collective consciousness to get traction, unless you can manage to get enough behind the scenes. But it's popular legitimacy that matters mostly when we're looking at it from the view of the polarization of the discourse, not what Congress, for example, thinks, so behind-the-scenes isn't quite what we're asking for here.
I like the Free Press's debates, even if there used to be better debates.
Good point regarding questions. Having them asked by a sympathetic person would help.
Ideally, we would hold some sort of convention in total secrecy, then the convention would release a list of possible proposals for reform and ask the public which option they would prefer. We could then have a period of public parlor talk and debate. If the big parties avoided immediately staking out a stance, I think there would be a decent chance of people selecting a favorite. The convention system is sadly almost never used anymore, but can be very effective.
Ah, conventions would help. Hardly anything else could get the requisite solemnity.
Some difficulties: it requires people to work together, and in an age of the internet, complete secrecy is hard to maintain.
And of course, whether online partisans will promptly polarize the question.
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