and abolish the Supreme Court!
The real danger to our democratic republic comes not so much from ragtag Proud Boys or tiki torchers as from the education and law schools of our more prestigious universities, where progressive government policy is incubated. It’s all there in an opinion piece that would be considered over the top for John Nichols and The Nation — except that it appears in the Sunday New York Times, the Democrat(ic) party’s accrediting house.
Two law professors — from Harvard and Yale, no less — declare, “It is time to radically alter the basic rules of the game” and “reclaim America from constitutionalism.” In other words: scrap the Constitution of the United States of America! (Blaska’s three exclamation points of horror: !!!)
Because, write New York Times contributors Ryan Doerfler and Samuel Moyn, “Our current Constitution is inadequate.” It is nothing but “centuries old text.” Past its sell-by date, apparently, like Shakespeare and the Ten Commandments.
Troubled at the Supreme Court’s finding this year that abortion is not a constitutionally guaranteed right, the two law profs propose “packing the union with new states” like the District of Columbia and Puerto Rico. (They forgot Guam!) From there, eliminate the Electoral College and reduce the Senate “to a mere council of revision.” Doerfler and Moyn condemn both as “impediments to redistributive change.”
“Wherever the real power in a Government lies, there is the danger of oppression. In our Governments the real power lies in the majority of the Community, and the invasion of private rights is chiefly to be apprehended, not from acts of Government contrary to the sense of its constituents, but from acts in which the Government is the mere instrument of the major number of the constituents.” ― James Madison.
Abolishing the court or making it reliant on the legislative branch would allow “liberal legislators [to] make a case for abortion and labor rights … without bothering with the Constitution,” the Harvard and Yale men write, by “insulat[ing] the law from judicial review”! Mindless, the authors appear, of history, such as Brown v. Board of Education (1954) or, for that matter, Obergefell v. Hodges (2015) legitimizing gay marriage.
What these two over-educated idiots don’t get is that the U.S. Constitution is a firewall against majority tyranny; it defends individual rights against the mob. It limits government power. It purposely frustrates the passions of the moment with an upper body a step removed from the popular whim, an executive veto, judicial oversight, and federalism. It is what distinguishes the U.S. from Putin’s Russia and Kim’s North Korea. It promotes federalism: so that if you don’t like Texas politics, you can move to Gavin Newsom’s California.
Blaska’s Bottom Line: There it is: Fodder for the most rabid right-wing conspiracists, right there in print! Makes Josh Hawley and Marjorie Taylor Greene look like Dwight and Mamie Eisenhower.