In a recent open letter to President Joe Biden, two left-wing professors, one of law and another of political science, have called on the administration to ignore Supreme Court rulings that they disagree with. The professors argue for a concept known as popular constitutionalism, which suggests that courts should not have exclusive authority over constitutional interpretation and that the president should offer and follow alternative interpretations when they disagree with the court’s rulings.
The professors, Aaron Belkin and his colleague, have been long-time advocates for Supreme Court expansion as a means of restoring democracy. However, they believe that the threat posed by what they call “MAGA justices” is so extreme that immediate action is necessary to limit the damage caused by their supposed gravely mistaken interpretations of the Constitution. They argue that reforms that do not require Congressional approval should be pursued at this time.
One of the key elements of their proposed solution, popular constitutionalism, is the idea that if the president disagrees with a court’s interpretation of the Constitution, they should offer and follow their own interpretation. The professors suggest that if voters disagree with the president’s interpretation, they can express their views at the ballot box.
This open letter has drawn criticism from legal expert Professor Jonathan Turley, who argues that the professors are advocating for defiance of the courts and potential radical measures. Turley compares their language and logic to that of segregationist Alabama Governor George Wallace, stating that the left has embraced authoritarian tactics by calling for defiance against the Supreme Court.
Turley raises concerns about the professors’ claims to be defenders of democracy while advocating for unilateral executive authority to defy the courts and, potentially, the will of the majority of the public. He highlights that this controversy is connected to the ongoing narrative promoted by figures like AOC and other Democrats who have been labeling the Supreme Court as illegitimate.
The broader concern here is the erosion of respect for the rule of law and the consequences of selectively defying the Supreme Court. The professors’ call for the president to disregard rulings they disagree with sets a dangerous precedent that undermines the integrity of the judicial branch and erodes democratic norms. It raises questions about the value of checks and balances and the importance of respecting the authority of the highest court in the land.
Furthermore, the professors’ argument for popular constitutionalism and the idea that the president should offer and follow alternative interpretations of the Constitution disregards the established processes for constitutional interpretation and undermines the principle of an independent judiciary. It opens the door for partisan interpretations of the Constitution, which can vary depending on who is in power, further polarizing the country and potentially leading to a breakdown in constitutional governance.
In conclusion, the open letter from these two left-wing professors urging President Biden to ignore Supreme Court rulings they disagree with and embrace popular constitutionalism raises significant concerns about the erosion of democratic norms and respect for the rule of law. Their call for unilateral executive authority to defy the courts undermines the authority of the judicial branch and sets a dangerous precedent for future administrations. It is essential to safeguard the integrity of the judiciary and uphold the principles that underpin our constitutional democracy.
Source link
