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Perils of faction and the confirmation stalemate

July 2023 federal employment law insider
Authors: 

Burton J. Fishman, FortneyScott

No lesser Founding Father than Alexander Hamilton wrote passionately about the perils of faction. Indeed, Federalist Paper 9 was entitled exactly that: “The Utility of the Union as a Safeguard Against Domestic Faction and Insurrection.” There, Hamilton voiced his concerns that factions could destroy the country unless the balances struck by a large representative democracy prevented the destructive forces of self-interest or factional loyalty from undermining the democracy and the state itself.

There’s still something bracing in the ardent faith in the power of democratic government to curb the malign forces of human nature that these words convey, although we all know that faith was sorely tested, even shattered, not a century later—on the rocks of faction. Is this past a prologue?

Hamilton would surely lament but recognize how faction has torn apart our country and its elected representatives. Our Congress no longer represents the union forged in common purpose imagined in the Federalist Papers. Rather, it looks more like the factionalized governments found throughout the world.

The recent suspending of all House actions by the Freedom Caucus made clear that the Republicans are less a party than a shaky alliance. The troubles Democratic Majority Leader Schumer has in corralling his majority reveals there are few common ties between his moderate and progressive wings. In fact, our Congress is really a coalition legislature, with unpredictable outcomes fostered by dueling factions.

Workplace leaders await Senate confirmation

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