In honour of the 2026 midterms, Jason is joined by Beau Breslin, Skidmore College political scientist and author of ‘A Constitution for the Living’, to ask a rather awkward question: what if America’s political dysfunction isn’t just about Trump, polarization or bad politicians — but the unintended consequences of the Constitution itself?
From Jefferson’s argument for rewriting the Constitution every generation to Madison’s preference for continuity, they explore how the constitutional compromises around the following issues--the Senate, the Electoral College, gerrymandering, and presidential war powers--laid the door open to our current dysfunction.
Given that the constitution is not really functioning anymore we ask: Can Congress reclaim its power of the purse? Has Citizens United helped turn democracy into plutocracy? And why are politicians so reluctant to make the case for structural reform? They also consider what a new Congress might actually change — before Beau offers a surprisingly practical prescription for Ordering the American disorder: bring back the bowling league. It may be easier than impeaching a president.
ORDERING THE DISORDER: Rebuilding American democracy requires enforceable checks, fairer elections and institutions that reconnect citizens — not simply changing the politicians at the top.
MEGA ORDERERS BONUS: Jason and Beau convene their own imaginary constitutional convention. One to five senators per state based on population! Term limits, independent redistricting, a parliamentary-style way to remove presidents, public campaign funding and a redesigned Electoral College!! Join at https://disordershow.com/club to hear what they would rewrite and how.
Producer: George McDonagh
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SHOWNOTES LINKS
Beau Breslin — A Constitution for the Living (Skidmore College overview)
https://www.skidmore.edu/news/2022/0106-breslin-book.php
Listening to America — Artificial Intelligence (AI) and a New Constitution for the United States, with Beau Breslin and Prairie Gunnels
Listening to America — The Iran War and the U.S. Constitution, with Beau Breslin
https://ltamerica.org/listen-2/
Disorder Ep 172 — Graham Zellick on Britain’s unwritten constitution and legal accountability
Disorder — Elie Honig on accountability and the Special Prosecutor system (linked in Ep 172 shownotes)
https://pod.link/1706818264/episode/NmU0ZGIzZTQtYjhhMS0xMWYwLTk0NWQtZWZlN2MwMWI1YWJm
National Archives — The US Constitution, full text
https://www.archives.gov/founding-docs/constitution-transcript
Brennan Center — Citizens United and money in politics
https://www.brennancenter.org/topics/money-politics/campaign-finance-courts/citizens-united
Brennan Center — Redistricting and independent commissions
https://www.brennancenter.org/topics/voting-elections/redistricting
Robert D. Putnam — Bowling Alone: The Collapse and Revival of American Community
https://robertdputnam.com/bowling-alone/