As part of its celebration of the 250th anniversary of American independence, the Claremont Institute’s Center for the American Way of Life has published my Provocation, “Government by the Unelected: How it Happened, and How it Might be Tamed.” This full-length essay seeks to assess how the Founders’ principles have fared after 250 years. I argue that government by the consent of the governed has gradually diminished—especially in the 20th and 21st centuries—and has been substantially replaced by the government of a permanent, unelected, and allegedly expert class.
The fuller work traces the history of this development, pointing both to the rise of the Progressives in the latter part of the 19th century and to the role of the federal courts in enabling the Progressive remaking of American government during the 20th century. These phenomena will not be unfamiliar to readers of my scholarly work or that of others in the Claremont Institute’s orbit.
