What is More Important for a Democracy: Elections or Rights?

Samuel Moyn, a law professor at Yale University, prefers voters to judges

Damir Marusic and Osita Nwanevu at Wisdom of Crowds: Last December, the highest court in the State of Colorado ruled that Donald Trump’s involvement with January 6 disqualified him from holding the office of president. On May 4, the Supreme Court voted unanimously to overturn this decision, clearing the way for Trump to appear on the ballot in all fifty states.

Naturally, at Wisdom of Crowds these events got us thinking about the big questions. When it comes to eligibility for office, who should have the final say — the Supreme Court, or the voters? What is more important for a democracy: Elections or rights? And where do rights come from, anyway?

At the moment, these questions are mostly being discussed on the Left side of the aisle, so we invited two prominent left-wing writers to argue about them in a live show. Osita Nwanevu is a journalist for The New Republic, currently writing a book about American democracy. Samuel Moyn is a law professor at Yale University, whose latest book is titled, Liberalism Against Itself: Cold War Intellectuals and the Making of Our Times.

Listen to the Podcast here.

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