Posted on 07/24/2023 1:25:54 PM PDT by Mr. Mojo
Two prominent professors are urging President Biden to thwart US Supreme Court “MAGA’’ justices by instituting an “alternative intepretation’’ to some rulings — a proposal that critics claim would be dictatorship.
Harvard Law School professor Mark Tushnet and San Francisco State University political scientist Aaron Belkin last week penned “An Open Letter to the Biden Administration on Popular Constitutionalism” to demand that Biden take action against what he has already deemed “not a normal court” because of some of its controversial recent rulings.
“We urge President 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,” the pair wrote.
While the professors say they’ve advocated expanding the Supreme Court “as a necessary strategy for restoring democracy,” they countered that greater action is needed, since “the threat that MAGA justices pose is so extreme that reforms that do not require Constitutional approval are needed at this time.”
Tushnet and Belkin offered their version of “popular constitutionalism” — which would give both citizens and Biden a bigger role in interpreting and enforcing the Constitution — as a solution.
“In practice, a President who disagrees with a court’s interpretation of the Constitution should offer and then follow an alternative interpretation. If voters disagree with the President’s interpretation, they can express their views at the ballot box,” the profs said.
Tushnet and Belkin noted that Biden “should act when MAGA justices issue high-stakes rulings that are based on gravely mistaken constitutional interpretations,” pointing out the high court’s recent anti-affirmative action ruling — a decision Biden criticized as “not normal.”
(Excerpt) Read more at nypost.com ...
Legal Scholars are not real big on the Constitution or Freedom. They got theirs.
This isn’t an act of insurrection?
Oh, heck, let’s all just disregard court rulings. Every man for himself!
“Meh, The Constitution is just some piece of paper written by a bunch of dead, white guys.”
At some point probably after the next Election when the Democrats are secure in their electoral management systems and have “won” with 100 000 000 votes for Brandon or whatever puppet they put up the Court will be dealt with. Justices will be removed and arrested and their replacements will do a wholesale series of strike-downs and new decisions that will interpret the Constitution out of existence.
You write as if the Constitution is still relevant.
“You write as if the Constitution is still relevant.”
I have to believe it is or I’d go crazy. LOL
“”“We urge President 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,” the pair wrote.””
We will follow the law when it favors us and ignore it when we don’t like it?
.
Typical prog thought process, the kind that wars are made of.
.
I have to believe it is or I’d go crazy. LOL
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We are not going to get anywhere until BoomerCons give up the last of their illusions.
Perhaps the Potomac should be renamed the Rubicon.
Mark Tushnet and San Francisco State University political scientist Aaron Belkin; Kamenev and Zinoviev wanna-bes.
“...rulings that are based on gravely mistaken interpretations of the Constitution that undermine our most fundamental commitments...”
Or could it be that they’re objecting to mistake interpretations such as requiring all states to recognize gay marriage. The idea that the Constitution forbids states from modeling their ideas of state senates on that provided by the Constitution itself. Or perhaps defining ‘interstate’ as including transactions occurring in only one state?
Law professors advocating lawlessness. Remarkable.
In science, “pretenders” really believe that “renewable energy” will work.
In law, “pretenders” really believe that the constitution has “penumbras”.
Yeah, well eventually they'll run into "Stalin".
actually the cartridge box is the next step after the president assumes power not granted by the constitution.
“No one is above the law, as we interpret it.”
>>“We urge President 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,” the pair wrote.
In other words, “WE get to decide what’s Constitutional and what isn’t, not the people granted that authority by the Constitution”. And these clowns are Law Professors? This should be grounds for immediate dismissal from their positions at their universities..
In Student Loan forgiveness and a few other areas Biden is defying the court and thinks he will get away with it.
He or his aides announce an action that comes close but skirts the court’s opinion. Then a look at the details not in the big announcement it appears it crosses the line to violate the court opinion. But who looks at the details...a few but not many. Most are focused on how close the announcement goes without a millimeter too far.
These two clowns don’t care at all about the law, the Constitution, or anything else.
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