The Age of Entitlement: America Since the Sixties

by Christopher Caldwell

At some point in the course of the decades, what had seemed in 1964 to be merely an ambitious reform revealed itself to have been something more. The changes of the 1960s, with civil rights at their core, were not just a major new element in the Constitution. They were a rival constitution, with which the original one was frequently incompatible—and the incompatibility would worsen as the civil rights regime was built out. Much of what we have called “polarization” or “incivility” in recent years is something more grave—it is the disagreement over which of the two constitutions shall prevail: the de jure constitution of 1788, with all the traditional forms of jurisprudential legitimacy and centuries of American culture behind it; or the de facto constitution of 1964, which lacks this traditional kind of legitimacy but commands the near-unanimous endorsement of judicial elites and civic educators and the passionate allegiance of those who received it as a liberation. The increasing necessity that citizens choose between these two orders, and the poisonous conflict into which it ultimately drove the country, is what this book describes.