Tuesday, March 5, 2024

The Constitution is Essentially Inoperative

That was the basic thrust of yesterday's pro-Trump decision. The so-called originalists twisted themselves into knots to deny any meaning to the plain text of the Constitution. Until yesterday, nobody took the enabling clause of the 14th Amendment as mandatory.

That langusge, allowing Congress to pass legislation to enforce provisions of the 14th Amendment, is in a number of other amendments. So if the Congress were to repeal any laws enforcing voting rights of young people, states could deny anyone under 21 the right to vote. To my memory, no state thought to deny people 18-20 the right to vote. Ratification of the 26th Amendment was thought to be enough.

Hell, there might not even be any enabling legislation for the 26th Amendment. Nobody probably thought it necessary.

But now, thanks to Johnny and the Supremes, they have laid bare the proof that the Supreme Court will only give effect to the text of the Constitution when it suits their needs.

Also, it used to be a rule that the Supreme Court did as little as possible in its rulings. They didn't answer questions not asked. But if that principle still existed after Citizens United, it's dead, now.

Only the self-styled conservatives on the Court could twist a 9-0 outcome in a way to make themselves seem even more partisan. The majority justices showed, once again, that partisan ideological hacks will not resist a chance to engage in hackery.

10 comments:

  1. Care to point out again where "Democracy" is in the language of the Constitution? You went off on a you can call it chicken broth misdirection last time.

    YES, it is inoperative. When Trump not convicted of a single act of "insurrection" that stood a second court review AS REQUIRED by the Constitution can be CONVICTED by Democrat Echo Chambers then the Constitution is DEAD.

    Quit wrapping yourself in its flag.

    ReplyDelete
  2. That's all there is. If you look at someone like Trump as a role model there really isn't much to say.

    ReplyDelete
  3. Michael, please go be a pendantic quibbling asshole on your own blog. If you want to argue for a religious autocracy, be up front about it.

    ReplyDelete
  4. Ah, Comrades annoyed the Democracy isn't in the Declaration of Independence NOR the Constitution BUT References to God are.

    Madam Guillotine wants a moment of your time.

    ReplyDelete
  5. All right Michael.

    This is your one and only Yellow Card.

    Keep this shit up and I will start scrubbing your comments. If you have something worth saying, I’ll be happy to listen and entertain your comments on this, my blog. But if you just want to be a putz and an asshole, you can damn well go do it someplace else.

    ReplyDelete
  6. Ya just can't argue with an irrational person.

    The orange asshole coward has managed to do what he
    has always done delay.

    His clock is running short.


    Eck!




    ReplyDelete
  7. The goddamned supremes are a political body and we need to start treating them as one.

    -Doug in Sugar Pine

    ReplyDelete
  8. Its typical of the trump supporters to gloat over this "Big Win" saying that he wasn't convicted of insurrection. But he actually was. In the house by a 232-197 vote and in the Senate 57 to 43. The Supremes have effectively dismissed the 14th Ammendment as workable. Mitch McConnell's efforts in loading the Federal Judiciary is now paying off. That states rights thing is only supreme when it benefits the "right" people.

    ReplyDelete

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