Perhaps we have put too much weight on ideas and political philosophy //

Christopher Caldwell’s essay on the roots of America’s partisan divide the other day. He makes a fascinating argument: the two seminal dates in American history are not 1619 and 1787, but rather 1787 and 1964, the year the Civil Rights Act passed.

That year, for all intents and purposes, a second constitution was created. American constitutional law pivoted from the ethos of ‘one law for all’ to ‘different laws for different races, sexes, sexual orientations, etc.’–seemingly a move to boost the historically disadvantaged but actually a regression to tiered inequality which America had slowly but surely been moving away from since the founding with votes for women, desegregation, and decriminalization of homosexuality.

The civil rights constitution turned old injustices around and granted poorly defined identity groups permanent privileges not available to Americans as a whole (‘privilege’ = ‘private law’). Caldwell writes:

Now we can apply this insight to parties. So overpowering is the hegemony of the civil rights constitution of 1964 over the Constitution of 1787, that the country naturally sorts itself into a party of those who have benefitted by it and a party of those who have been harmed by it.