As Richard Hofstadter pointed out back in 1954 in “The Pseudo-Conservative Revolt”: “It can most accurately be called pseudo-conservative — I borrow the term from the study of The Authoritarian Personality published five years ago by Theodore W. Adorno and his associates — because its exponents, although they believe themselves to be conservatives and usually employ the rhetoric of conservatism, show signs of a serious and restless dissatisfaction with American life, traditions and institutions. They have little in common with the temperate and compromising spirit of true conservatism in the classical sense of the word... Their political reactions express rather a profound if largely unconscious hatred of our society and its ways — a hatred which one would hesitate to impute to them if one did not have suggestive clinical evidence.
Not being legally trained, I am sure I simply don't understand the nuance, but it seems to me that independent state legislatures doctrine is batshit crazy. We need to either get rid of those 3 trumpobytes or add 3 new justices to offset them. Maybe they could be transferred to Gilead.
Enjoy (?) your weekend TC. It's almost like having a paper due in the morning and a party going on that night.
If I understand correctly what you and others have presented, the NC Legislature is preparing to argue that the NC Constitution, which established the Legislature, has no authority over legislative action and behavior. While I understand hypocrisy and stupidity on the part of politicians, I fail to understand how one can argue (at taxpayer expense) that the basis for one's existence has no validity when passing judgement on one's actions subject to that creation. Am I missing something here or are they?
How about this for textualism, or originalism or whatever the f they are calling it these days: The Constitution says, “The times, places and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof…” First, it only applies to the “holding” of elections, not what happens after the election is held. So the Legislature has to mind its p’s and q’s when it comes to counting votes and certifying results. Second, it only applies to Congressional elections so again the Legislature can sit down and shut up when it comes to the presidential election. So there!
I know, I know. Those incels on the Court are textuallists only when it suits their predetermined outcome, as Justice Kagan noted. (She’s taken off the gloves, hasn’t she? I bet she’s pretty frosty in chambers, and good for her!) I suppose Alito will say an election isn’t over until it’s well and properly stolen, ah, I mean, certified. And that senators are almost like presidents so it’s good enough for government work. Some nonsense like that. (Honestly, from a lawyer’s perspective the level of legal “reasoning” in the week’s decisions is embarrassing. Unless you’re a Federalist Society acolyte, any associate who would have handed a senior appellate lawyer such a brief as these would find themselves drafting wills and trusts for the rest of their career.)
Next term will be a doozy. Truly they will declare the whole 20th c. to be unconstitutional. This court will rank down there with the Taney court.
And Tom, if you so much as “like” this post you’re not focusing on the book and shame on you!
Well, here we are - talk about your political precipices..... I give the Republicans and the SCOTUS a certain amount of credit - they are not wasting any time at all in tearing down virtually all of the humanizing laws and regulations that have created the United States we have all known. It is also a mark of the fact that they know they have won (or at least they firmly believe they have won), even to the point that Biden has apparently given away a future conservative SCOTUS justice in exchange for McConnell not messing with Biden's agenda in the Senate..... Dropped my cookies with that one..... Yippee-kiyay.....(you know the rest.....)! Have a happy 4th, Tom - may be the last one for awhile.....
We must achieve the impossible: A strong enough Democratic majority in the House and 67 in the Senate to be able to impeach, convict, and remove the six traitors on the court. The road to this includes prosecuting for treason those members of Congress who have committed it. Which would, interestingly, eliminate every republican in Congress. And by every, I mean every.
Have an enjoyable 4th after getting the book off (I'm doing the same thing tomorrow for a major academic article--it also goes to England....) Thanks for all your posts; today was fascinating for the Adorno analysis. This country is in the grip of a group of people who are determined to end all that is good about modern America. Do they have no sense that the degradation of the earth, pollution, climate change, etc. will affect them? (aside from the personality disorder adorno identifies, they probably have the elite sense of entitlement that assures them that they will "escape" all the bad things---or buy their way out of the crises---except there really is not way to buy out of it, at least permanently; only for a while...) Enough of a rant. Peace and Courage as "We the People" move ahead on the battlefield.........
“McConnell applauded this steaming pile of shit, saying it limited the power of “unelected, unaccountable bureaucrats.”
So is McConnell suggesting it would be efficient—or even possible—to ELECT “bureaucrats” or goes he recommend presidential appointees themselves perform the job duties of agency employees?
Not being legally trained, I am sure I simply don't understand the nuance, but it seems to me that independent state legislatures doctrine is batshit crazy. We need to either get rid of those 3 trumpobytes or add 3 new justices to offset them. Maybe they could be transferred to Gilead.
Enjoy (?) your weekend TC. It's almost like having a paper due in the morning and a party going on that night.
If I understand correctly what you and others have presented, the NC Legislature is preparing to argue that the NC Constitution, which established the Legislature, has no authority over legislative action and behavior. While I understand hypocrisy and stupidity on the part of politicians, I fail to understand how one can argue (at taxpayer expense) that the basis for one's existence has no validity when passing judgement on one's actions subject to that creation. Am I missing something here or are they?
Good stuff. Nail heads squarely hit. Best wishes for your deadline. Blessed be your proof raeders, may they catch every tpyo.
How about this for textualism, or originalism or whatever the f they are calling it these days: The Constitution says, “The times, places and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof…” First, it only applies to the “holding” of elections, not what happens after the election is held. So the Legislature has to mind its p’s and q’s when it comes to counting votes and certifying results. Second, it only applies to Congressional elections so again the Legislature can sit down and shut up when it comes to the presidential election. So there!
I know, I know. Those incels on the Court are textuallists only when it suits their predetermined outcome, as Justice Kagan noted. (She’s taken off the gloves, hasn’t she? I bet she’s pretty frosty in chambers, and good for her!) I suppose Alito will say an election isn’t over until it’s well and properly stolen, ah, I mean, certified. And that senators are almost like presidents so it’s good enough for government work. Some nonsense like that. (Honestly, from a lawyer’s perspective the level of legal “reasoning” in the week’s decisions is embarrassing. Unless you’re a Federalist Society acolyte, any associate who would have handed a senior appellate lawyer such a brief as these would find themselves drafting wills and trusts for the rest of their career.)
Next term will be a doozy. Truly they will declare the whole 20th c. to be unconstitutional. This court will rank down there with the Taney court.
And Tom, if you so much as “like” this post you’re not focusing on the book and shame on you!
Well, here we are - talk about your political precipices..... I give the Republicans and the SCOTUS a certain amount of credit - they are not wasting any time at all in tearing down virtually all of the humanizing laws and regulations that have created the United States we have all known. It is also a mark of the fact that they know they have won (or at least they firmly believe they have won), even to the point that Biden has apparently given away a future conservative SCOTUS justice in exchange for McConnell not messing with Biden's agenda in the Senate..... Dropped my cookies with that one..... Yippee-kiyay.....(you know the rest.....)! Have a happy 4th, Tom - may be the last one for awhile.....
We must achieve the impossible: A strong enough Democratic majority in the House and 67 in the Senate to be able to impeach, convict, and remove the six traitors on the court. The road to this includes prosecuting for treason those members of Congress who have committed it. Which would, interestingly, eliminate every republican in Congress. And by every, I mean every.
This is true conservatism.
Have an enjoyable 4th after getting the book off (I'm doing the same thing tomorrow for a major academic article--it also goes to England....) Thanks for all your posts; today was fascinating for the Adorno analysis. This country is in the grip of a group of people who are determined to end all that is good about modern America. Do they have no sense that the degradation of the earth, pollution, climate change, etc. will affect them? (aside from the personality disorder adorno identifies, they probably have the elite sense of entitlement that assures them that they will "escape" all the bad things---or buy their way out of the crises---except there really is not way to buy out of it, at least permanently; only for a while...) Enough of a rant. Peace and Courage as "We the People" move ahead on the battlefield.........
Happy 4th, TC! Lots here to chew on. TY
Good luck with the deadline stuff!!
Appreciate all you do here.
“McConnell applauded this steaming pile of shit, saying it limited the power of “unelected, unaccountable bureaucrats.”
So is McConnell suggesting it would be efficient—or even possible—to ELECT “bureaucrats” or goes he recommend presidential appointees themselves perform the job duties of agency employees?