Charles Kesler warns in the latest issue of Hillsdale College’s Imprimis about the emergence of a new form of American civil war.

A cold civil war is better than a hot civil war, but it is not a good situation for a country to be in. Underlying our cold civil war is the fact that America is torn increasingly between two rival constitutions, two cultures, two ways of life.

Political scientists sometimes distinguish between normal politics and regime politics. Normal politics takes place within a political and constitutional order and concerns means, not ends. In other words, the ends or principles are agreed upon; debate is simply over means. By contrast, regime politics is about who rules and for what ends or principles. It questions the nature of the political system itself. Who has rights? Who gets to vote? What do we honor or revere together as a people? I fear America may be leaving the world of normal politics and entering the dangerous world of regime politics—a politics in which our political loyalties diverge more and more, as they did in the 1850s, between two contrary visions of the country.

One vision is based on the original Constitution as amended. This is the Constitution grounded in the natural rights of the Declaration of Independence, the Constitution written in 1787 and ratified in 1788. It has been transmitted to us with significant Amendments—some improvements and some not—but it is recognizable still as the original Constitution. …

… The other vision is based on what Progressives and liberals, for 100 years now, have called “the living Constitution.” This term implies that the original Constitution is dead—or at least on life support. …