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Judgment / June 28, 2026 / 6 min read

The Constitutional Roots of Our National Hatred

Everyone who follows American politics can feel it. It has a name now: affective polarization. It is the visceral, tribal disgust that has replaced ordinary...

Everyone who follows American politics can feel it. It has a name now: affective polarization. It is the visceral, tribal disgust that has replaced ordinary political disagreement. The other side is not just wrong on the issues. They are stupid, they are evil, they are a threat to the country itself. Marriages end over it. Friendships dissolve over it. Families stop speaking at Thanksgiving because of it.

The usual explanations are offered up constantly. Social media algorithms feed us outrage because outrage keeps us scrolling. Cable news hires loudmouths who confirm our worst suspicions about the other side. Identity politics has replaced shared citizenship. These are all real factors. They are not the root cause.

The root cause is constitutional. It is structural. And once you see it, you cannot unsee it.

The Founders were not naive about human nature. James Madison, in Federalist Number 10, wrote that the causes of faction are sown into the nature of man. You cannot eliminate them without destroying liberty itself. The only solution is to control their effects. Madison designed a system that would do exactly that through a large, diverse republic, separated powers, and most critically, federalism. Most contentious decisions would remain local and limited. The federal government was given only a handful of enumerated powers. Everything else was left to the states, to communities, and to the people themselves.

The effect of this design on political conflict was profound and intentional. If you lost a policy fight in Washington, you still had your state capital. If you lost at the state level, you still had your county commission and your town council. And most of what you truly valued, the character of your children's education, the freedom of your church, the moral tone of your community, was never at stake in a national election at all. Your neighbor could vote differently than you, and it did not threaten your way of life. The stakes were contained. The hatred had nowhere to grow.

The Progressive Rewriting

The 20th century systematically dismantled this architecture. The progressive movement rejected the Constitution's limits as obstacles to scientific governance. The New Deal expanded federal power into every corner of economic life. The Great Society extended it into education, healthcare, and welfare. The modern administrative state became a fourth branch of government with the power to write binding rules that affect every American, and it never faces a single election.

Then came the Supreme Court's incorporation doctrine. Over several decades, the Court applied almost the entire Bill of Rights against the states. This sounds noble in the abstract, but its practical effect was to strip states of their traditional authority over moral and social questions. What had once been decided in state legislatures, city councils, and local school boards was now settled by nine unelected lawyers in Washington.

The result is a country where absolutely everything is nationalized. Every cultural dispute, every moral question, every educational standard, every definition of family and faith, is fought on a single battlefield in Washington. There is no escape. There is no local refuge. You cannot move to a state that shares your values and live in peace, because the federal government will follow you there and enforce its single national standard.

When the federal government controls everything, every national election becomes existential. The winner does not just set tax rates. They control the content of your children's curriculum, the terms of your employment, the structure of your healthcare, the limits of your religious liberty, and the language you are allowed to use in public. When that is the reality, the other side really is an existential threat to everything you value. Hatred becomes entirely rational.

Thomas Sowell taught us to look at the gap between intentions and results. The progressive intention was to unify the country through centralized expertise and national standards. The actual result has been to nationalize every cultural and moral dispute, strip away every safety valve, and transform political opponents into mortal enemies.

What Hayek and Friedman Knew

This connects directly to Friedrich Hayek's insight about the knowledge problem. Hayek argued that no central planner can gather the dispersed knowledge contained in local communities, local values, and local circumstances. The same logic applies to social policy. When Washington imposes a one-size-fits-all solution on a diverse continent of 330 million people with radically different values, it does not just fail economically. It breeds deep and lasting resentment.

Consider education. For most of American history, schools were controlled by local parents, local school boards, and local leaders. Disagreements about curriculum and values were resolved at the town meeting. The losing side could live with the outcome because they had a voice and the stakes were limited to their own community. Now we have the Department of Education, national standards, and federal mandates that reach into every classroom. A parent who objects to her child's reading list is no longer fighting a school board. She is fighting the entire weight of the federal bureaucracy. That is not a disagreement. It is a war.

Milton Friedman recognized that coercion breeds resentment and that voluntary cooperation through local variation breeds peace. When you centralize power, you also centralize the anger that comes with losing. There is no escape valve. There is no place to go. The resentment builds and builds until it becomes the defining feature of our politics.

The Forgotten Cure

If you genuinely want to reduce affective polarization, you should stop wasting your time on bipartisan civility commissions and social media reform efforts. Those treat the symptom. They will never work because they do not address the underlying structural cause.

The real cure is buried in the Constitution we have abandoned. Return power to the states and to the people. Limit the federal government to its enumerated powers. Restore the original meaning of the Commerce Clause. End the administrative state's authority to regulate every aspect of your life from Washington. Let states experiment with different approaches to education, healthcare, moral questions, and economic regulation.

When the federal government handles only genuinely national matters, the stakes of each election drop dramatically. Your neighbor who votes differently is not trying to destroy your way of life. He is just voting on a few things that affect both of you. The rest he handles in his state and you handle in yours. You can coexist. You can even be friends.

This is not a utopian fantasy. It is Madison's design. It is the principle of subsidiarity that undergirds Western liberty. It is the insight of Hayek about dispersed knowledge applied to governance itself. It worked for over a century of American history.

Affective polarization is not the natural condition of a free people. It is the predictable result of forcing a free people to live under a centralized, one-size-fits-all government that the Founders never intended and that the Constitution never authorized. The experts will not tell you this because the cure requires them to surrender the power they have accumulated. But we can choose otherwise. We can restore the constitutional architecture that made America both united and free. We can lower the stakes and diffuse the conflict. We can rediscover that Americans who disagree on nearly everything can still live together in peace if Washington simply leaves them alone.

That is the forgotten cure for our national hatred. And it begins with remembering the constitution we lost.