About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

2016 Rutgers Univ. L. Rev. Commentaries 12 (2016)

handle is hein.journals/rgsusty2016 and id is 1 raw text is: 












A  PLEA   FOR  CONSTITUTIONAL BALANCE


                        Stephen   M. Feldman*

    We  live in  the age  of Democracy,   Inc.1 Political advertisements
package  candidates  in  twenty  second  sound  bites. Corporations and
billionaires wield herculean political power. Although citizens still vote-
at least once in a while-corporate   muscle largely steers elections and
government   policy to increase profits. Income inequality, consequently,
has  skyrocketed.2 In the late-1980s, CEO  pay stood at thirty times the
average pay for workers, while today CEO  pay is nearly 300 times that of
workers.3  Yet,  conservatives warn   that  any  government   efforts to
alleviate wealth  or income  inequality will only worsen  matters.  How
often is Ronald Reagan's  first inaugural address echoed? [G]overnment
is not the solution to our problem; government is the problem.4 In fact, a
2014 Gallup  poll revealed that far more Americans view government,  and
not  inequality, as  the  greatest problem   facing  the nation  today.5
Conservatives,  moreover,  have  a ready  response  to complaints  about
rising  inequality. Unstoppable    market   forces, they  argue,   cause



    * Jerry W. Housel/Carl F. Arnold Distinguished Professor of Law and Adjunct
Professor of Political Science, University of Wyoming.
   1. Democracy Incorporated is the title of a book by Sheldon S. Wolin, SHELDON S.
WOLIN, DEMOCRACY INCORPORATED: MANAGED DEMOCRACY AND THE SPECTER OF INVERTED
TOTALITARIANISM (2008), while Democracy, Inc. is the title of a book by David S. Allen,
DAVID  S. ALLEN, DEMOCRACY,  INC.: THE PRESS AND  LAW      IN THE CORPORATE
RATIONALIZATION OF THE PUBLIC SPHERE (2005).
   2. THOMAS PIKETTY, CAPITAL IN THE TWENTY-FIRST CENTURY 23-26, 298, 571 (Arthur
Goldhammer trans., 2014).
   3. Lawrence Mishel & Alyssa Davis, CEO Pay Continues to Rise as Typical Workers
Are Paid Less, ECON. POLY INST., June 12, 2014, at 1, 3, http://www.epi.org/files/2014/ceo-
pay-continues-to-rise.pdf.
   4. Ronald Reagan, President of the U.S., Inaugural Address (Jan. 20, 1981).
   5. See Frank Newport, Few Americans Want More Gov't Regulation of Business,
GALLOP (Sept. 15, 2014), http://www.gallup.com/poll/176015/few-americans-gov-regulation-
business.aspx.


12

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most