Home2020 ElectionsBernie Sanders’ Final Debate on the Kavanaugh Confirmation
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magsviewSpringTexanDon midwestorlbucfanla58 Recent comment authors
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orlbucfan

I really hope there are other younger potential public servants ready to take the helm from the Bernster. T and R, Benny!!

Don midwest
Don midwest

Bernie shows how he is the most popular politican.

There was an article about

Resisting the Juristocracy

But the Constitution is what got us here, along with longstanding interpretations of it such as Marbury v. Madison that transform popular rule into elite rule and democracy into juristocracy. Only because of the constitution do Democrats have to battle in a political system in which minorities take the presidency—twice in our lifetime. Only because of a cult of the higher judiciary do Democrats find themselves facing an all-powerful institution set to impose its will on a majority of Americans who would decide things differently.

A friend who knows more about this sent me the following comment on the article.

Just read over the piece by Moyn about the judiciary versus democracy. He’s got a point or two
that is worthwhile. BUT he accuses FDR of failing and he doesn’t realize FDR was facing a country
in total depression and no one else had any idea what to do. It was FDR that pressured the court and
4 justices (the most conservative who continually struck down his New Deal legislation) to resign. Then
he appointed new liberal justices — Felix Frankfurter, Bill Douglas, Robert Jackson, Hugo Black, Louis
Brandeis, Benjamin Cardoza, Charles Evans Hughes along with at least two or
three more which expanded democratic legislation that lasted until roughly the 1970’s.

Moyn does not know his history. FDR was shocked to find out in the “Court Packing” debacle of
1937 that democratic members of congress turned against him and he risked losing majorities to pass
other legislation. The people did not want their ‘sacred’ court tampered with relative to the other branches
of government. they would rather suffer loss of democratic laws to elitist interpretations rather than change the basic structure. This was a revelation about the conservative nature of our society and it shocked the top people in the NewDeal — Rex Tugwell, Henry Wallace, Frances Perkins,FDR himself, and dozens of democratic congressmen who spearheaded Roosevelt’s legislation. They simply couldn’t believe the country would refuse to democratize the court by expanding it and guaranteeing majorities on every vote.

Moyn should realize that something like a similar reaction would occur today. In fact the only chance
he might have to realize any of his hopes is if over an eight year period the court becomes so reactionary
that the general population is put in a straitjacket. We’re approaching that now (with over 60% of Americans not having $400 in the bank for any emergency) and its likely to get worse. Wait until they try and privatize Social Security, Medicare, FDIC, Obamacare, ALL aid to education — ;which I believe is coming. The incredible deficits — now approaching 5 trillion — which have gone to the top 2% will create the crisis. Their only way out is to reduce all aid -even Food Stamps to children and poor etc. It will result in a catastrophe.

But you and I will be gone by then. Maybe.

SpringTexan
SpringTexan

No ads popped up for me – and I don’t have YT premium . . . thanks for posting this, it was stirring.

magsview

Thank you Benny! At least we have one fighter in our corner.

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