From his first day in office—and every day since then—President Biden has taken action to strengthen American democracy and protect the rule of law. In
Despite the actual structure of the Constitution and all of its amendments, the Supreme Court, as an institution, has fought to exceed the limits of its constitutional power from the very beginning. Its ruling in Loper Bright is only its latest and most brazen move to set itself up as the ultimate and final authority in the nation. As I said, the appropriate historical context for its ruling today is not 1984 and its Chevrondecision but its 1803 ruling in Marbury v. Madison. It was then, back when the country was still in its swaddling blankets, that the Supreme Court declared itself the sole interpreter of the Constitution. The word “unconstitutional” appears nowhere in the Constitution, and the power to decide what is or is not constitutional was not given to the court in the Constitution or by any of the amendments. The court decided for itself that it had the power to revoke acts of Congress and declare actions by the president “unconstitutional,” and the elected branches went along with it. The Supreme Court was never supposed to have this much power
Tbf it is difficult to uphold the constitution in another way. For instance, if Congress passes a bill that contradicts the constitution you have a contradiction. How else, than through courts, would you resolve the contradiction?
Yes. Without the courts ability to determine if something is unconstitutional then it would always be up to Congress / the executive to decide what is constitutional and what is not. That presents an obvious separation of powers problem and could easily be misused by a Congress or executive branch that are hostile to certain rights.
Tbf it is difficult to uphold the constitution in another way. For instance, if Congress passes a bill that contradicts the constitution you have a contradiction. How else, than through courts, would you resolve the contradiction?
Yes. Without the courts ability to determine if something is unconstitutional then it would always be up to Congress / the executive to decide what is constitutional and what is not. That presents an obvious separation of powers problem and could easily be misused by a Congress or executive branch that are hostile to certain rights.
Biden could make a presidential address during prime time to declare a general strike until his demands are met.
We need to start thinking of extra-legal and post-electoral means of effecting change.