27 July 2024

Our Democracy

To be technical, the USA is not a democracy.  It's a representative republic with a democratic form of elections.

But "our democracy" isn't referring to democracy; it's referring to "we're not getting our way anymore!"

"This decision today has continued the court’s attack in recent years on a wide range of long-established legal principles in our nation, from gutting voting rights and civil rights to taking away a woman’s right to choose, to today’s decision that undermines the rule of law of this nation," Biden said.

Long standing?  Roe v Wade happened when I was five.

I've yet to hear a conservative advocate for preventing someone from voting.  Gutting voting rights appears to be code for preventing fraud.

Undermining the rule of law because they said Trump had immunity for official acts?  You'd better hope that's true, Joe, because I think you're going to come to count on it in a few months.

But let's go back to "long standing".  Bruen is informing us that we have to go a lot further than living memory to establish long standing.

Much of what is dear to a Democrat only dates to FDR, and the Supreme Court was poised to nuke nearly all of it back then, when they caved to the threat of packing the court.

Unconstitutional laws are unconstitutional from the moment they are enacted and do not become more constitutional with the passage of time.  The present court is simply undoing the injustice long standing.

Being forced to abide by the limits of the Constitution is something both sides are terrified of.

It's something I eagerly wish to see tried.

3 comments:

  1. It's something I eagerly wish to see tried.
    Ohh,wooden tit be nice!!??

    ReplyDelete
  2. You hit the nail on the head - when Democrats refer to democracy they mean "rule by Democrats".

    ReplyDelete
  3. The howls about overturning Roe vs. Wade amused me. In the first place, a lot of legal scholars thought that the Supremes had gone too far with that, even people who thought abortion should be legal. The Constitution does not mention "penumbras" or other such things. In the second place, I was about twelve when that happened. I can remember the times before it very clearly. And it was NOT the goddamn Handmaid's Tale, or even Heinlein's religious dictatorship.

    I have never understood why the right wing became so fanatically anti-abortion. Back when the Sacred, Holy Decision came down, even some evangelicals were cool with it. I suspect it happened because they hung around too much with the Catholics, and because Roe vs. Wade became such a hill to die on for the nastier kind of feminists.

    ReplyDelete

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