Speaking of the Boogaloo, 2 out of 3 Americans believe our politics has become so tense and deeply polarized that we are on the verge of Civil War 2.

TAC:

“A Georgetown Institute poll finds that two-thirds of us believe we are “on the edge of a civil war.” Yet Americans cannot properly analyze this “gathering storm.” We lack a framework, a lexicon, and the historical data (from other civil wars) to see clearly what is happening to us.

Here is a quick template for how we might more usefully decipher how this nation gets to another civil war. It is arranged as a short series of questions: 1) What is civil war? 2) Why do political-constitutional orders sometimes breakdown, rather than simply transform in response to change? 3) How is violence essential to constitutional and political resolution? 4) How close is the U.S. to such a break down, and its consequences?

What is civil war?

Civil war is, at root, a contest over legitimacy. Legitimacy—literally the right to make law — is shorthand for the consent of the citizens and political parties to abide by the authority of a constitutional order. Civil war begins when this larger political compact breaks down.

Civil War means that there is a functional split within the source of legitimacy between two parties, each of which was formerly part of the old constitutional order. Thus each can claim that it represents the source of new legitimacy, and the right to define a new or reworked constitutional order.

Hence civil war becomes a struggle in which one party must successfully assert a successor legitimate order, and to which the opposing party must eventually submit. This is above all a contest over constitutional authority. Inasmuch as civil war happens after constitutional breakdown, it means that resolution must be reached not only outside of a now-former legal framework, but also unrestrained even by longstanding political customs and norms. Extra-constitutional force is now the deciding factor, which is why these struggles are called civil wars. …”