Posted on 09/03/2024 6:09:34 AM PDT by Mafe
In his new book, the eminent law professor points to a source of growing disunion – the constitution itself.
Among progressive scholars of the US constitution, Erwin Chemerinsky, dean of Berkeley Law, is widely considered pre-eminent. Now 71, he studied at Northwestern and Harvard and has also taught at DePaul, USC, Duke and UC Irvine. He has argued several cases at the US supreme court and written extensively about it.
His last book, Worse Than Nothing, was a broadside against originalism, the doctrine touted by rightwing justices as they take an axe to hard-won rights. In his new book, Chemerinsky goes to the root of the problem with a still starker title: No Democracy Lasts Forever: How the Constitution Threatens the United States.
Less than a hundred days from a presidential election which could see the return of Donald Trump, a candidate widely held to threaten cherished freedoms, Chemerinsky says: “I see an American government that is increasingly dysfunctional and that has lost the confidence of the people, in a society that is increasingly politically polarised. I worry greatly for the future of American democracy.
“I wrote the book to explain how much of the problem stems from the constitution and suggest how it can be fixed.”
In conversation, Chemerinsky patiently outlines the problem. It boils down to this: the US constitution is not fit for purpose.
It was created in 1787 by a small group of white men who hashed out a deal in their own interests, chief among them protecting smaller states and owners of enslaved people. Those framers made foundation stones of economic and racial inequality and also erected enduring barriers to political equality including an electoral college that makes minority victory possible in presidential elections and two senators for each state regardless of population.
(Excerpt) Read more at theguardian.com ...
Well Erwin, I took an oath to protect and defend the Constitution against all enemies foreign and domestic.
Oaths are forever.
Erwin you seem to fall in the domestic enemy camp.
See you soon.
5.56mm
That says it all.
And yet these very same ‘small group of white men’ had just banned slavery in the Northwest Territory and included allowed a ban on the importation of slaves into the country within twenty years, which Congress adopted the very first day that it could. In addition, they hobbled the political power of states with large number of slaves by counting slaves as 3/5ths when it came to representation in Congress. (The latter provision routinely and deliberately misunderstood by those who should know better).
I happen to agree whole heatedly. However this point is my second reason.
My first reason is that our founders were well versed and solidly based in rational enlightenment. The predicate for their work establishing our Republic was that, as John Adams stated, their work was “...wholely inadequate...” for any people other than a moral and religious people. Essentially the problem the founders were trying to solve is stability among presumptively moral actors (with human frailties causing deviation from the mean...).
So to the point, the works of Ficthe and Kant were certainly among those read by the founders. They weren’t integrated until Marx (b1818; and his demons) came along and made a philosophy (no morality required...). Add to that the beginnings of the Socialist movement around 1870 and the birth of the greatest “street organizer” V.I.Lenin around the same time and you have a counter to our Republic not anticipated by its rational and methodical structure. Yes the constitution is not a malleable document except it’s strict amendment processes and that’s why I agree with your point as my second reason.
I’ve made the point as far back as the 2006 at the end of George the 43rd that one day we may have to choose between our God and our country. That was before we got it that we were dealing with a global Socialist Uniparty but part of that realization was what the “Future Shock” books of the ‘70’s alluded to in that technological change has outpaced societal ability to keep pace. But that was about economics and structural realities. 55 years ago that was the whole point. Now there is a different, political point.
What Z3R0 the 44th figured out is that our political weakness is with direct attacks on the political structure. We are not equipped to react in the near term to such attacks but rather in a time frame that makes the acts of immoral tactics and people a moot point. And it is proven in 2016 when they missed (certain it was in the bag), 2020 when they scored and 13July when they missed (again certain it was in the bag). Our problem is on 5Nov they only have to score over a period of 18-168 hours (post polls closing) and the fix to the cheat takes 3years minimum even if someone makes an effort (30Pence, TXv. PA)...
Making our system “wholly inadequate” and moot.
This is what the demonic forces that have hijacked the Democratic party of a Humphrey or McCarthy have figured out. That’s why we see a world where Z44 orchestrates 3am ballot stuffing, lawfare, our own officials flying illegals directly into cities bypassing the border altogether, etc., etc.
What is any body going to do about it in practical terms and who’s going to say no, AND... why shouldn’t they when any consequences are a minimum of 3 years out... After all they are Marxist-Stalinists (...how many divisions does she (Mthr. Theresa) have...)
100% lack of an anticipated moral predicate...
I could be wrong, but...
I... Don’t... Think... So...
YMMV.
Erwin, please move to Russia. They have a constitution you’d like.
This is a British based news rag. Erwin, take your self-loathing, Chicago-born Jewish self, move to the UK, and get busy telling the Brits they need a new Magna Carta.
If they won’t follow the one we’ve got, they won’t follow a new one, either.
Thè problem isn’t the constitution, but that the gov. hands are tied and they wannt more power. Our current constitution is intended to protect us from exactly that.
Protect slave owners?? Then why wasn’t the south allowed to secede?
The constitution is just fine the way it was written. Time to start the hangings for acts of treason.
When you Democrats in the House and Senate plus Blue State Governors start calling for a new Constitution then you will know the next step in process is taking place
1. The Founding Fathers gave us a method for amending the Constitution where necessary, and the freedom of speech to propose it.
2. Given that this guy feels bound neither by the words nor the original understanding and intent of the Constitution, why does he want to change it?
3. If the people who ratify a Constitution or pass a law can’t rely on the courts to follow what the law meant when it was enacted, isn’t that the most un-democratic approach imaginable?
4. By design, we don’t have a democracy. We have a constitutional representative republic, so arguing that the Constitution is undemocratic is silly.
Agreed
There are many here that wanted an Article V convention, without realizing that is how we lose it all.
“Less than a hundred days from a presidential election which could see the return of Donald Trump, a candidate widely held to threaten cherished freedoms, Chemerinsky says.”
The “cherished freedoms” include dismembering babies, castrating and mutilating children, and celebratory butt sex, all as sacraments of the government-established and -enforced religion of the progressive left’s New America.
Their desire to change even the most fundamental principles upon which this nation was built reflects their desire for absolute power. It seems to me that, in this case, absolute power does not corrupt absolutely since the corruption part has already been accomplished.
An Article V convention is not what I’m referring too I’m saying the Democrats basically write another constitution they support and delegitimize the current constitution
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