I would contend we need to repair and revitalize our constitutional system, not denounce, criticize and tear it down farther.
Your approach is indeed logical, if your goal is simply to be “agin” something, as it at root is for liberals.
But destroying what is left of the American constitutional system does not necessarily mean it will be replaced by something better. Historical precedent is quite to the contrary.
However, I quite agree that our present legal and political system is not deserving of much respect and has little inherent legitimacy.
IOW, I generally agree with your premises but disagree with your conclusions.
The rocks fall down the mountain, not up. I think it is going down whether we like it or not.
But destroying what is left of the American constitutional system does not necessarily mean it will be replaced by something better. Historical precedent is quite to the contrary.
Our court system lost its constitutional moorings when Roosevelt and Truman appointed Kook liberal judges for 20 years straight. These judges affected how the law schools taught, because you have to teach kook law when you have to appear before kook law judges. Now the whole system is infected with this disease.
"Living constitution" (Meaning rubber band constitution) has replaced strict constructionist. The disease is winning, and it appears that it will eventually kill the patient. A society simply cannot survive all of the necessary pieces of social structure which the courts have destroyed over the years.
However, I quite agree that our present legal and political system is not deserving of much respect and has little inherent legitimacy.
This is what most conservatives believe. We've seen too many cases of upside down irrational logic being asserted as "the law." (Wickard, Kelo, Roe, Lawrence, and lately Obamacare.) I hate to be a pessimist, but I regard the sickness of the court system to be a manifestation of a larger overall sickness of society.
IOW, I generally agree with your premises but disagree with your conclusions.
I would love to be persuaded that I am wrong, because hope is a lot more pleasant than is pessimism.