Mark Tushnet
Aaron Belkin
Posted on 07/23/2023 5:05:43 PM PDT by Libloather
resident Biden should find ways to defy the rulings of "MAGA justices" for their "gravely mistaken" constitutional interpretations, law professors urged in a letter on Wednesday.
Harvard law professor Mark Tushnet and San Francisco State University political scientist Aaron Belkin penned "An Open Letter to the Biden Administration on Popular Constitutionalism" to respond to what Biden has called "not a normal court" following high-profile cases.
"We urge resident Biden to restrain MAGA justices immediately by announcing that if and when they issue rulings that are based on gravely mistaken interpretations of the Constitution that undermine our most fundamental commitments, the Administration will be guided by its own constitutional interpretations," they wrote.
The letter continued, "We have worked diligently over the past five years to advocate Supreme Court expansion as a necessary strategy for restoring democracy. Although we continue to support expansion, the threat that MAGA justices pose is so extreme that reforms that do not require Congressional approval are needed at this time, and advocates and experts should encourage President Biden to take immediate action to limit the damage."
Tushnet and Belkin cited a solution known as "popular constitutionalism" claiming "that courts do not exercise exclusive authority over constitutional meaning." They theorized that Biden could explain how the Supreme Court’s decisions are "egregiously wrong" and offer an alternative constitutional interpretation, particular if the ruling poses a "grave threat."
"In this particular historical moment, MAGA justices pose a grave threat to our most fundamental commitments because they rule consistently to undermine democracy and to curtail fundamental rights, and because many of their rulings are based on misleading and untrue claims," they warned.
George Washington University law professor and legal expert Jonathan Turley penned an op-ed for The Hill on Saturday that warned about this interpretation of the constitution.
(Excerpt) Read more at foxnews.com ...
This. Without question.
The founders knew that there had to be separation of powers and checks and balances to avoid tyranny. These pseudo-intellectual lawyers are less mature and less thoughtful than most children.
Of all the professions that could be taken over by AI, law is near the top.
These so-called professors need ton be asked publicly just howmany open mass graves they want to dig & just how many death squads do they plan on forming? Enquiring minds want to know!
Can Tushnet and Belkin point out the part of the Constitution that describes our democracy?
You really should not insult pond scum like that.
🇧🇷
Yeah, I felt kind of bad about doing that.
Biden’s ill-considered denial and resistance to SCOTUS decisions and rulings could turn into more talk of incitement to violence much like Chuck Shumer has entertained us with. I never thought we’d see this kind of run on the lead balloon market.
So, follow that idiotic advice from the marxist academicians, Joe! What have you got to lose? Perhaps your shining reputation for clarity and respect for the rule of law? He can’t and won’t miss what he never had.
In Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade, the decision on each state's abortion laws was returned to the state, its legislature and ultimately to the people of the state. Apparently people voting on their own laws undermines democracy. Democracy is rule by nine Ivy League law graduates in black robes ruling from on high.
Another threat to democracy is taking away a half trillion dollars of fiat spending by the president and returning that power to the people's representatives.
Maybe they just plan on having the CIA smother a few (more?) Supreme Court justices in their sleep.
Mark Tushnet
Aaron Belkin
29. To each observation I say, nothing applies to Commiecrats if they think so and say so
This is called Insanity Ultima!
As a side note to this thread, please consider the following.
It seems like the legal profession never references specific constitutional clauses, or how people, MAGA Supreme Court justices in this example, are violating the clauses.
To ultimately greatly reduce the size of the unconstitutionally big federal government, patriots need to work with the new state and federal lawmakers that they elect in 2024 to require all state and federal government branches and departments to do the following.
All government agencies need to redesign their seals, badges, ID's, forms, websites, email and building names to include number references to specific state and / or federal constitutional clauses that reasonably justify that organization's existence and actions.
"10th Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people [emphasis added]."
"Congress is not empowered to tax for those purposes which are within the exclusive province of the States." —Justice John Marshall, Gibbons v. Ogden, 1824.
“If the tax be not proposed for the common defence, or general welfare, but for other objects, wholly extraneous, (as for instance, for propagating Mahometanism among the Turks, or giving aids and subsidies to a foreign nation, to build palaces for its kings, or erect monuments to its heroes,) it would be wholly indefensible upon constitutional principles [emphases added].” — Justice Joseph Story, Commentaries on the Constitution 2 (1833).
From the congressional record:
”Simply this, that the care of the property, the liberty, and the life of the citizen, under the solemn sanction of an oath imposed by your Constitution, is in the States and not in the federal government [emphases added]. I have sought to effect no change in that respect in the Constitution of the country.” —John Bingham, Congressional. Globe. 1866, page 1292 (see top half of third column)
"From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added]." —United States v. Butler, 1936.
Democrats Are Terrified Of An Educated And Informed Public (3.12.23)
Many law school professors do not have a law license because they have never practiced law.
Yeah, that’s the ticket. We don’t need no stinkin’ Judicial branch.
/s
And they have not been disbarred!
Calling for the Biden administration to search for “ways to defy the [SCOTUS] rulings. . . “ ought to be an AUTOMATIC loss of license and disbarrment!
Not to mention hard prison time!
This shit has GOT to stop!
LOCKEM UP!
Is there any doubt as to why our legal system is the trash that it is with law professors like this. Interesting that this idiot, who supposedly knows the Constitution better than the current Justices, was never nominated to the Supreme Court or any judicial position. These are the idiots and their “offspring” students that will eventually cause this countries second civil war.
The Supreme Court used to have a significant check: the knowledge that they had no integral enforcement powers, and needed for everyone else to agree that their decisions were wise and in keeping with the Constitution.
Andrew Jackson famously demonstrated that when the Supreme Court ordered him to perform an action, and he replied "Justice Marshall has made his decision. Now let him enforce it". And Jackson could fire and replace any official who disagreed with him.
What changed since then? Civil Service laws allow bureaucrats to ignore presidential orders in favor of Supreme Court orders without fear of being fired.
IOW, they need to be suspended, then fired, then have their credentials revoked, their bank accounts and IRAs seized... what's good for the goose...
See Jackson upper right corner. You only wrote half of the story. He agreed the Court was the last word.
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