What Is the Left's Theory of Power?

The constitutional strength of a functional Congress.

Mar. 21, 2026 at 3:45pm

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Writing for the blog of the Law and Political Economy Project, Beau Baumann, a professor at the University of Utah's S.J. Quinney College of Law, has a provocative question for would-be left-wing political reformers: What is your theory of constitutional politics? The article explores how successful political movements in American history have matched their demands with a theory of who ought to wield power, and how the left currently lacks a clear vision of constitutional power and authority.

Why it matters

The article highlights the importance of the left developing a clear theory of constitutional politics and power in order to effectively challenge the MAGA right's neo-Bonapartist vision centered around the presidency. Without a strong theory of power rooted in the constitutional order, the left risks leaving future left-oriented political projects vulnerable to conservative reaction.

The details

Baumann argues that the left should look to Congress as the locus of power, calling for an 'imperial Congress' that can radically reshape the executive branch, curb the Supreme Court, and lead the nation's governing agenda. However, the author acknowledges the significant obstacles to achieving this, including congressional dysfunction, the deterioration of Congress's institutional capacity, a corrupt campaign finance regime, and the public's acclimation to uncontested presidentialism and judicial supremacy.

  • The article was published on March 21, 2026.

The players

Beau Baumann

A professor at the University of Utah's S.J. Quinney College of Law who wrote a provocative blog post for the Law and Political Economy Project.

Andrew Jackson

The leader of the successful political movement of 'Andrew Jackson's democracy', which represented a racially circumscribed polity of white men.

Donald Trump

The 'tribune' of the MAGA right, whose constitutional politics are described as a neo-Bonapartism.

JD Vance

The Vice President who was quoted in a 2022 Vanity Fair profile discussing the new right intellectuals who would eventually coalesce behind Trump in the 2024 presidential election.

Franklin Roosevelt

The president whose New Deal centered power in both a quasi-independent administrative state and a vastly empowered managerial presidency.

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What they’re saying

“The left, by contrast, has no clear vision of constitutional power and authority. If anything, it remains tied to the New Deal vision of 'expertise-based authority and legal liberalism,' which Baumann calls the 'dead gods of the New Deal,' essentially closed off by a Supreme Court whose members are deeply hostile to the administrative state.”

— Beau Baumann, Professor, University of Utah S.J. Quinney College of Law

“The right, Baumann writes, has chosen to 'treat the presidency as the authentic embodiment of popular will, work systematically to sideline Congress, selectively weaken administrative capacity and subordinate the bureaucracy to executive control.'”

— Beau Baumann, Professor, University of Utah S.J. Quinney College of Law

What’s next

The article does not mention any clear next steps, as it is focused on the broader challenge of the left developing a coherent theory of constitutional power.

The takeaway

The article highlights the urgent need for the left to develop a clear vision of constitutional power and authority, rooted in a revitalized and empowered Congress, in order to effectively counter the MAGA right's neo-Bonapartist approach centered on the presidency.