Tuesday, September 29, 2020

Coney-Barrett is a crackpot. The essay she wrote that is being called the end of the ACA qualifies that statement about her.

For those interested, there is a profound oddity about "the thought" that comprises the ideology of "the originalist judge." 

Her essay (click here)

She is a rudimentary anarchist that believes the legislature is a burden to most "sovereign individuals."

The two schools of thought about the US Constitution is arrogant as hell as if there legitimately exists two schools of thought, But, this is a good primer for the discussion.

The counter-majoritarian difficulty (click here) may be the best known problem in constitutional theory. The phrase is attributed to Alexander Bickel—a Yale Law School Professor—who is said to have introduced it in his famous book The Least Dangerous Branch: The Supreme Court at the Bar of Politics.  Whatever Bickel actually meant by the phrase, it has now taken on a life of its own. The counter-majoritarian difficulty states a problem with the legitimacy of the institution of judicial review: when unelected judges use the power of judicial review to nullify the actions of elected executives or legislators, they act contrary to “majority will” as expressed by representative institutions. If one believes that democratic majoritarianism is a very great political value, then this feature of judicial review is problematic. For at least two or three decades after Bickel’s naming of this problem, it dominated constitutional theory....

The United States of America was founded on the principle that citizens ruled themselves through representation elected by a majority. 

The counter-majoritarian argues that life, liberty and the pursuit of happiness is an individual SOVEREIGN that is destroyed by the majority rule. All I know is that the Burger Court did a great job with counter-majority issues and the country is still standing.

But, understanding these two concepts of majoritarian and counter-majoritarian will begin a good discussion. 

One other thing. She refers to returning to practices before the "Lochner Era." (click here)

Basically, the arrogant SOBs that make up the Federalist Society don't want to be bothered by government, they want anarchy so they can make their own economic schemes work regardless of the hardship of the people. Sound familiar? Trump wants to eliminate Social Security by 2023. What happens to the people? We will have returned to pre-FDR with a whole lot more people. They mean it. It is real. Coney-Barrett wants to make it happen.