We have been discussing a slew of books and interviews by academics denouncing the Constitution or individual rights as a threat to democracy. The latest is Brown University Political Science Professor Corey Brettschneider who is warning about the “dangers of the Constitution.”
Moreover, he is correct that abusive presidents have avoided impeachment and the Court has historically failed to protect individual rights. We both criticize those failures, particularly by the Court. Ultimately, however, the Court did embrace more robust views of individual rights and has repeatedly blocked the overreach of presidents.
Brettschneider describes what he calls “constitutional constituencies” in their struggle against such abuses.
“These constitutional constituencies, the citizens readers of the Constitution who played a critical role in defending and furthering our democracy, therefore disrupt a standard story told by constitutional law scholars and political scientists – experts who declare that checks on the president come mainly from Congress or the Supreme Court, or locate the foundation of our democracy with the writers of the Constitution in 1787.”
He adds “If history is any guide, today’s crisis makes this a time ripe for constitutional recovery. In that sense, this book offers hope for current citizens seeking to restore democracy.”
While the book is about historical abuses by presidents and the struggle against them, the book’s pitch pushes all of the anxiety buttons: “Imagine an American president who imprisoned critics, promoted white supremacy, and sought to undermine the law to commit crimes without consequence.” (The book addresses five prior presidents and the pitch does not make direct reference to Trump).
I have no objection to those who speak out against Trump or his conduct. That is part of a worthy national debate in this election year. However, more professors and pundits are suggesting that it is not just Trump but our Constitution that is threatening our democracy. While others have called the Constitution “trash” in their books, Brettschneider is a bit more circumspect in his interview and reportedly calls the Constitution a “dangerous document.”
The remarks of Professor Brettschneider is part of a growing library of books and interviews attacking the Constitution. As discussed earlier, law professors have led this effort. For example, in a New York Times column, “The Constitution Is Broken and Should Not Be Reclaimed,” law professors Ryan D. Doerfler of Harvard and Samuel Moyn of Yale called for the Constitution to be “radically altered” to “reclaim America from constitutionalism.”
Other professors have called for amending the First Amendment and have attacked free speech as a danger.
The United States Constitution is the oldest and most successful Constitution in history. It has survived crises that have destroyed other nations. Yet, we are a people who have not experienced true tyranny. We can lose our appreciation for how fortunate we are to have this system and the stability that it has afforded this country.
In challenging constitutional values like the system of checks and balances, these academics are seeking to strip away the very elements that have forced compromise and moderation throughout our history. It is the very genius of James Madison that allowed the most pluralistic nation on Earth to govern as one.
The post-constitutional world that some professors describe is no doubt attractive to many. It promises more immediate gains from raw political power. However, it would endanger all rights by reducing the guardrails that have served us so well for centuries.
Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. He is the author of “The Indispensable Right: Free Speech in an Age of Rage” (Simon & Schuster).
Yet another obscure, pointless piece about a single professor with unusual views, in an attempt to cast all of academia as a den of extreme left wing zealots.
The purpose of these pieces is to keep the MAGA cult riled up, and believing that they are persecuted by the evils of higher education.
You may wonder where Turley gets these obscure stories that are not reported anywhere else. Well, he gets them from “The College Fix”. This is an extreme right wing organization set up by Betsy De Vos, Trump’s Secretary of Education. They recruit right wing college students, typically Young Republicans, to write these stories in an attempt to discredit higher education. Their aim is to train students as “journalists” in a long term attempt to both discredit higher education and replace “MSM” journalists with their chosen apostles.
This story was published 2 days ago on The College Fix. Turley has simply summarized it for his column. Very lazy of him, simply taking a student’s story and republishing without attribution. This fits with Turley’s agenda as a right wing shill for Fox.
You can find this story here:
https://www.thecollegefix.com/ivy-league-political-science-prof-warns-of-dangers-of-the-constitution-in-new-book/
If you spend a few minutes on this site you will find that most of Turley’s columns about the evils of academia are plagiarized from their student writers. Almost all of his columns in this vein have appeared on The College Fix a day or two previously.
I’m sincerely afraid and no longer believe voting is the answer. They’ve corrupted even that.
That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.
– Declaration of Independence, 1776
HOw? What has happened to voting to make it corrupt?
Please be specific. After 3.5 years that has not been one pice of evidence brought to the court about fraud in the 2020 election. Not one. And also, it is not because trump lost because of standing. That is a lie. trumps lawyers never showed evidence to a Judge when the judge asked for evidense.
You dont get to show evidence when you dont have standing.
Get a grip.
Mr. Turley links to an article in the Brown Daily Herald as a source. If you use the phrases like “a right wing shill’, “extreme right wing organization” and “keep the MAGA cult riled up” you are unlikely to change opinions. The classical liberal idea is to state the opposition views in a neutral and clear way. But perhaps you don’t consider yourself to be a liberal.
DEBATE PREP: Send the questions for Kamalala to the moderators.
Kamalala was definitely prepared.
Every government official from the local police chief to the FBI Director to CIA Director, 100% of all government official/contractors swear a supreme and superseding loyalty oath to NOT violate the U.S. Constitution.
The problem is not the U.S. Constitution itself (which can be amended and perfected) – the real crisis is government officials ignoring their supreme Oath of Office loyalty oath.
In 2024, the world’s most expensive gulag (Guantanamo Bay) is still open and more than 40,000 Americans on U.S. soil have been covertly blacklisted (Cointelpro tactics) for over 20 years. Exceeding 8000 consecutive days of government harassment without charge, without trial, without judge or jury and without a guilty verdict.
The elite college professors are silent on real war crimes happening right here in the USA!
911 Call – Haitians stealing ducks.
https://x.com/realannapaulina/status/1833682307519029468
Wait.
Kamalala said eating ducks was not real.
“Kamalala said eating ducks was not real.”
She misunderstood the vowel, and thought the question related to her relationship with Willie Brown…
Ducks are effectively city pets at the pond in the city park.
Are they not?
OT Eating ducks @ 1:00
https://x.com/i/status/1833210381344641063
Brettschneider’s readers, who do as he suggests and “imagine an American president who imprisoned critics, promoted white supremacy, and sought to undermine the law to commit crimes without consequence”, can take solace in the fact that it is the very document itself that he causes them to fear that safeguards against and prevents such a president.
Greetings MAGA losers and suckers,
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Get in now before it’s too late.
This is the bargain of the century.
Trust me. You will make a fortune. I suggest you put all your retirement money in this great investment. It is a guaranteed winner.
I think the djt supporters are waiting for DJT to sell his shares. That way they can say they have shares actually owned by the worlds greatest grifter.
Jonathan: I assume you watched the Harris/DJT debate last night. I attended a neighborhood “watch” party. While there were no knock outs DJT appeared on the defensive all night. And Harris kept him there by fact checking DJT’s continuous lies. Here are my take aways from the debate:
IMMIGRATION: DJT repeated his nonsensical claim that Harris is personally responsible for allowing in millions of migrants released from “prisons and mental institutions”. He even bizarrely repeated the debunked conspiracy theory that Haitians in Ohio are eating neighborhood cats. Harris missed the opportunity to point out that DJT had 4 years to keep out migrants with his “big beautiful wall”. How much of the wall did DJT complete? About 15 miles!
ABORTION: That will be a big issue for voters this year. Harris clearly stated her position. She supports a woman’s reproductive rights and would sign legislation to overturn the Dobbs decision. DJT vacillated, never clearly indicating his position except to leave abortion to the states. DJT has said he would sign a bill to ban abortion nationwide. He even falsely claimed Harris supports “infanticide”. Even the moderators had to fact check that one–pointing out that infanticide is banned in all states.
HEALTH CARE: DJT was asked what he would do about the ACA since he tried over and over again to abolish ACA when he was in office. DJT blamed the Dems for blocking repeal of ACA. What DJT forgets is that on the last attempt it was Senator John McCain who had to be wheeled into the Senate to cast the deciding vote to preserve the ACA. When DJT was asked about his specific plans to replace ACA with a better health care system DJT weakly said he had “concepts of a plan”. A strange answer since he has had almost 8 years to come up with a specific “plan” to replace the ACA. His failure to do so speaks volumes about DJT’s lack of leadership on health care.
In the end the contrast between Harris and DJT couldn’t be more stark. As Harris pointed out DJT is a “convicted felon” and tried to overthrow the last election and has been indicted for that attempt to overturn the Constitution. Harris showed last night that DJT represents chaos and does not deserve another term.
And in no surprise, shortly after the debate concluded Taylor Swift came out with a post endorsing Harris. Swift included a photo of herself holding her cat. It was a jab at JD Vance by showing she is also an “unmarried cat lady”! Will Swift’s endorsement have any affect on the election? She has 282 million followers on Instagram. They are not now just 13 year old’s. They are now all grown up and registering to vote. Could there be a “Swift factor” in close elections in battleground states this year?
Finally, after the debate the Harris/Walz campaign challenged DJT to a second debate. When you have your opponent on the ropes you don’t back off. Will DJT agree to a second debate? Probably not after his poor performance last night!
25 Lies Kamala Harris Told In Her Debate Against Trump
1. ‘Middle-Class Kid’
Harris claimed that she grew up a “middle-class kid.” That is not true. As previously noted by journalist Megyn Kelly, Harris’ father was a professor at Stanford University, while her mother was a biomedical scientist at UC Berkley.
2. Trump’s Tax Cuts
Harris falsely insinuated that the 2017 tax cuts approved by the Trump administration disproportionately benefited America’s billionaires and corporations.
That is not true. Data produced by the IRS has shown that “on average all income brackets benefited substantially from the Republicans’ tax reform law, with the biggest beneficiaries being working and middle-income filers, not the top 1 percent,” according to Justin Haskins, writing in The Hill.
3. Trump ‘Sales Tax’
Harris claimed Trump will implement a “sales tax.” Trump has not pledged to do such a thing if elected president.
4. Jan. 6
Harris contended that the Jan. 6, 2021, riot at the U.S. Capitol was the “worst attack on our democracy since the Civil War.”
Contrary to Harris’ claim, the J6 events did not put American self-governance in jeopardy, nor did it expose Americans to risks like those experienced during World War I, the Japanese attacks on Pearl Harbor, or World War II, to name a few.
5. Project 2025
Harris claimed Trump will implement Project 2025 if elected. Trump has repeatedly said he has nothing to do with Project 2025.
6. Just Restoring Roe
When asked whether she supports any restrictions on abortion, Harris dodged the question, instead claiming that she “absolutely support[s] reinstating the protections of Roe v Wade.”
Moments before that, however, Harris pledged to sign legislation such as the ill-named “Women’s Health Protection Act,” which would codify abortion through all nine months of pregnancy. In addition to her history of co-sponsoring the original version of that legislation, Harris also voted against protections for babies born alive after botched abortions.
7. Pro-Life Laws Criminalize Miscarriages, Ectopic Pregnancies
Harris claimed that several states have “Trump abortion bans” that “make it criminal for a doctor or nurse to provide health care,” threaten women with prison time, and “make no exception, even for rape or incest.”
The lifesaving laws designed to protect thousands of innocents every year from elective abortions, however, do not criminalize treatments for spontaneous loss or complications. In fact, every single pro-life policy on the books includes exceptions for abortion when it is deemed necessary to save the life of a pregnant woman.
8. Trump’s Abortion Stance
Trump, Harris told Americans on Tuesday night, will sign a national abortion ban and hire a national “abortion … monitor that would be monitoring your pregnancies, your miscarriages” if he is elected.
The Republican’s 2024 abortion platform, however, explicitly states decisions about ending life in the womb should be left “up to the states” and mentions nothing about crowning a national pro-life coordinator. The GOP presidential nominee has also sworn multiple times that he would not sign federal legislation curbing abortion.
9. Ninth Month Abortions Don’t Exist
Harris also used her time on the debate stage to assert that “nowhere in America is a woman carrying a pregnancy to term and asking for an abortion.”
“That is not happening. It’s insulting to the women of America,” Harris claimed.
Data from the Centers for Disease Control and Prevention, however, shows that thousands of abortions are performed after 21 weeks gestation. The CDC’s findings do not include reporting from at least four abortion-friendly states (California, Maryland, New Hampshire, and New Jersey), which suggests the number of late-term abortions in the U.S. is likely much higher.
10. Border Bill
Harris claimed a congressional border bill proposed earlier this year would have stemmed illegal immigration and fentanyl at the U.S. southern border.
That statement is categorically false. The bipartisan measure would have enshrined the existing invasion into federal law.
11. SCOTUS Immunity Ruling
Harris mischaracterized the Supreme Court’s ruling on presidential immunity, claiming the decision would mean that Trump “would essentially be immune from any misconduct if he were to enter the White House again.”
The vice president’s claim is misleading at best. While a majority of justices determined that a U.S. president possesses “absolute immunity” for “actions within his conclusive and preclusive constitutional authority” and “at least presumptive immunity” for “official acts,” they separately noted that “[t]here is no immunity for unofficial acts.”
The justices further remanded the Biden-Harris Justice Department’s get-Trump lawfare back to the lower courts to determine whether the actions alleged by Special Counsel Jack Smith constitute “official acts.”
12. Fracking Ban
Kamala Harris claimed she made herself “very clear in 2020.”
“I will not ban fracking,” she said.
But her position was clearly against fracking as she ran for her party’s 2020 presidential nomination when she said, “There is no question I’m in favor of banning fracking.”
13. Minnesota Rioters Bail Fund
Harris seemingly denied that she undertook efforts to bail out left-wing rioters following the 2020 death of George Floyd.
“She went out in Minnesota and wanted to let criminals that killed people, that burned down Minneapolis — she went out and raised money to get them out of jail,” Trump said, as Harris shook her head.
As The Federalist’s Jordan Boyd previously noted, “Accused rapists, repeat offenders, and rioters alike benefitted in June 2020 when Harris encouraged her social media followers to donate to a bail fund dedicated to those arrested for their months-long, $2 billion siege of cities like Minneapolis.”
14. Trump’s Role in J6
Harris claimed that Trump “incited” the Jan. 6, 2021, riot at the U.S. Capitol.
That is false. Trump specifically told protestors to “peacefully and patriotically make [their] voices heard” and sought to deploy 10,000 National Guard troops to the Capitol ahead of Congress’s certification of the 2020 election results.
15. J6 Deaths
Harris claimed that “some” police officers died as a result of the demonstrations at the U.S. Capitol on Jan. 6, 2021.
That is false. For example, medical examiners determined that Officer Brian Sicknick died of natural causes — not from the violence perpetrated on Jan. 6.
16. ‘Fine People’ Hoax
Harris repeated the debunked lie that Trump praised white supremacists marching in Charlottesville, Virginia, in 2017 when he said there were “fine people on both sides.”
This is false, as Trump was referring to both sides of the debate on whether to allow historic monuments to remain standing.
17. ‘Bloodbath’ Hoax
Harris regurgitated the false narrative that Trump claimed there would be a “bloodbath” if he loses this November.
The vice president took Trump out of context. The 45th president was not calling for violence but was discussing the economic disaster that awaits Americans if Democrats win the election.
18. Trump’s NATO Comments
Harris distorted the former president’s remarks by claiming he told Russia it could “do whatever the hell [it] wants” regarding Ukraine.
Harris took the former president out of context. Trump’s remarks came during a South Carolina rally, during which he recounted a story from when he was president and speaking with a NATO member. Trump purportedly indicated that he would withhold U.S. support if the member didn’t pay its minimum defense spending obligations.
“‘You didn’t pay? You’re delinquent?’” Trump recalled telling the unidentified NATO member. “‘No, I would not protect you. In fact, I would encourage them to do whatever the hell they want. You gotta pay. You gotta pay your bills.’”
19. Autocrats’ Preferences for President
Harris claimed that the world’s autocratic leaders are pulling for Trump to win. While there is no definitive way for Harris to know this for most leaders, Russian President Vladimir Putin did publicly throw his support behind Harris’ presidential bid last week.
20. Combat Zones
Harris claimed that “there is not one member of the United States military who is in active duty in a combat zone in any war zone around the world [for] the first time this century.”
That isn’t true. As noted by former U.S. Rep. Peter Meijer, R-Mich., the United States has “troops in Syria and Iraq who are routinely attacked by Iran-backed militias.”
“Three soldiers were killed in Jordan earlier this year!” he wrote on X.
21. Blaming Trump for Biden’s Botched Afghanistan Withdrawal
Harris attempted to pin the Biden-Harris administration’s botched Afghanistan withdrawal, which got 13 U.S.service members killed, on Trump.
“Donald Trump, when he was president, negotiated one of the weakest deals you can imagine,” Harris claimed.
That isn’t true. According to a report recently released by Republicans on the House Foreign Affairs Committee, “The evidence proves President Biden’s decision to withdraw all U.S. troops was not based on the security situation, the Doha Agreement, or the advice of his senior national security advisors or our allies. Rather, it was premised on his longstanding and unyielding opinion that the United States should no longer be in Afghanistan.”
22. Gun Confiscation
Harris claimed that she doesn’t support mandatory gun confiscation.
That is false. She has openly expressed support for such a policy.
23. Trump’s Foreign Policy Record
Harris claimed, “Donald Trump is weak and wrong on national security and foreign policy.”
That is false. Under Trump’s administration the U.S. southern border was secure, and America facilitated multiple peace agreements between Israel and Arab states. Under the Biden-Harris administration, Russia invaded Ukraine, Iran-backed Hamas launched a terrorist attack on Israel, and China has ramped up its threats toward Taiwan, the Philippines, and Japan.
24. Defunding the Police
Harris shook her head and claimed, “That’s not true,” when confronted by Trump over her past support for defunding the police.
As noted by ABC News, however, Harris previously expressed support for “reimagin[ing]” policing and “redirect[ing] resources” from police toward what the outlet described as “other areas of government [such as] schools and small businesses.”
25. IVF
In an attempt to link Democrats’ abortion goals with in vitro fertilization, Harris claimed that “under Donald Trump’s abortion bans … couples who pray and dream of having a family are being denied IVF treatments.”
Trump, however, has openly touted IVF and even promised that he would make taxpayers fund it.
“Harris’ father was a professor at Stanford University, while her mother was a biomedical scientist at UC Berkley.”
The intelligent child they should have had must have been left behind as a stain on their sheets.
Yowsir!
Trump sounded like an old man with dementia. He thinks immigrants are eating peoples pets… cuz he heard about it from TV? LMFAO.
He’s mentally ill.
Repeating trumps lies does not make them true.
LIAR ^^^
Dennis: thanks. DJT said some other off-the -wall things, like Harris is paying people to come to her rallies, that no one ever leaves his rallies early (despite ample photographic proof to the contrary), that world leaders think she and Biden are weak, citing Viktor Orbahn, and that Russia would never have invaded Ukraine and Hamas would never have attacked Israel if he had been in office–based on what other than his ego and that his fans believe whatever he says? When confronted by David Muir about the “Haitians are eating your pets” claim, which the Springfield City Manager denies, Trump’s response was that he saw it on television. As usual, he throws out wild claims–from the number of migrants, and the claim that all Democrats and Republicans wanted Roe v. Wade overturned. He couldn’t really come up with any answer about how the was going to round up the 11 million or 20 million (olr more) migrants, and pay to house and remove them. He lied about Harris being a “border czar”–there is no such person. I saw a report this morning that said that 35,000 people registered to vote right after Taylor Swift recommended that they do so and provided a link. At the end of the night, all Trump did was reinforce the fact that he is a narcissist–it’s all about him, and that he is a pathological liar.
Here it is, in case you once again “forgot” that you lied.
https://jonathanturley.org/2024/05/03/trumps-12th-amendment-problem-the-vp-short-list-has-a-residency-dilemma/comment-page-1/#comment-2394496
Let’s see if I read this right–Turley says: “He could also attempt a more creative approach and just change residency for the election.” So, Turley is suggesting that Rubio deliberately be deceitful by playing games with his residency in order to circumvent the requirement that a POTUS and VP can’t both be residents of the same state, all of which is being done to court Hispanic voters? So, Turley, is that what George Washington University teaches law students–how to cheat to circumvent the Constitution, calling it a “creative approach”? And, you wonder why some of us, especially experienced attorneys like me and Dennis, do not respect you.
Keep up the good work, Davey.
Gigi: DJT lied so much last night it was hard to keep track. I tried to confine my remarks to just immigration, abortion and healthcare. But you missed a zero in how many signed up after Taylor’s post. Vote.org says the number was actually 350,000!
Dennis
why did Gigi lie about being an attorney?
Here is Dennis, covering for his fellow pathological LIAR
https://jonathanturley.org/2024/05/03/trumps-12th-amendment-problem-the-vp-short-list-has-a-residency-dilemma/comment-page-1/#comment-2394496
Let’s see if I read this right–Turley says: “He could also attempt a more creative approach and just change residency for the election.” So, Turley is suggesting that Rubio deliberately be deceitful by playing games with his residency in order to circumvent the requirement that a POTUS and VP can’t both be residents of the same state, all of which is being done to court Hispanic voters? So, Turley, is that what George Washington University teaches law students–how to cheat to circumvent the Constitution, calling it a “creative approach”? And, you wonder why some of us, especially experienced attorneys like me and Dennis, do not respect you.
Kamala Harris Can’t Keep Running Like This
“The Harris campaign is only now, belatedly, realizing that this is a problem. On Sunday, they finally added an “Issues” section to her website. It includes a slew of policies that the campaign has previously outlined, as well as sections on reproductive and civil rights. Unfortunately for Harris, its release was undermined by a simple but telling error: The page’s source code revealed that parts of the platform were copied directly from Biden’s campaign page.”
https://newrepublic.com/article/185758/kamala-harris-policy-agenda-campaign-reset
As such, millions of Americans who are suffering under Biden policies, Bidenomics and Bidenflation will suffer another four years under Harris of the same.
Only 23% of Independents think the country is on the right track. Independents vote with their pocketbook in mind.
Since Harris came into office,
Gas: +46.1%
Electricity: +30.7%
Fuel oil: +43.4%
Airfare: +21%
Hotels: +49.4%
Groceries: +21.5%
Baby food: +29.5%
K-12 food: +66.2%
Rent: +22.5%
Transportation: +32%
Car insurance: +54.9%
Overall inflation: +20.3%
Real average weekly earnings: -3.4%
— Jacki Kotkiewicz (@jackikotkiewicz) September 11, 2024
Yawn.
Welcome to Upstate’s blog.
CNN’s Erin Burnett appears shocked that Kamala Harris backed taxpayer-funded gender surgery for migrants
“Vice President Kamala Harris had at one point indicated that she supported “taxpayer-funded gender transition surgeries for detained illegal migrants” — a far cry from the more centrist positions she has staked out during the current presidential campaign.”
“She actually said she supported that?” Burnett asked CNN colleague Andrew Kaczynski during a segment on her nightly show Monday.
https://nypost.com/2024/09/10/media/erin-burnett-shocked-kamala-harris-backed-free-gender-surgery-for-migrants/
Obamacare is unconstitutional.
Please cite the Constitution for any legal basis that allows the government to participate or interfere in the activities of free enterprises that are private property conducted in the free markets of the private sector.
Please cite the Constitution, wherein the government is charged with providing healthcare to individuals.
Germany calling, Germany calling…
I thought he did pretty well in a three on one dog pile. You know Kamala never did give a solid answer to anything and threw the long debunked BS on after another. I don’t think that BS swayed one vote, people are smarter than the Marxists give them credit.
Traveler,
Everyone is saying Harris “held her own!” But leave out the fact she had friendly moderators who were clearly biased and against Trump.
No Upstate, they were referring to Big Mike Obama holding his own.
Kamala did not provide one truthful answer to any policy statement.
The critical question I don’t have an answer to is not who was better but whether Trump did the primary job. That job was to tell non-decided voters things they don’t know because the media doesn’t print them. The disclosure in the Presidential debate permits knowledge to filter through unobstructed by the press.
There has never been and never will be any document that will do anything all by itself. If we can agree that the purpose for any government is to secure the rights of the people, then our constitution was written as the people’s primary weapon of defense against the human nature that sits within the government. And like any weapon, it does nothing on its own. When the people fail to use it as intended to check those in government, it becomes a weapon to be used by those in government as their nature directs them. So like any weapon, when you put it in the hands of people with an intent to do harm, they will do just that.
Hear, hear!
The singular American failure is the judicial branch, with emphasis on the Supreme Court.
The entire communist American welfare state is unconstitutional including, but not limited to, admissions affirmative action, grade-inflation affirmative action, employment affirmative action, quotas, welfare, food stamps, minimum wage, rent control, social services, forced busing, public housing, utility subsidies, WIC, SNAP, TANF, HAMP, HARP, TARP, NPR, Health and Human Services, Housing and Urban Development, Environmental Protection Agency, Agriculture, Education, Labor, Energy, Obamacare, Social Security, Social Security Disability, Social Security Supplemental Income, Medicare, Medicaid, “Fair Housing” laws, “Non-Discrimination” laws, etc.
Article 1, Section 8, provides Congress the power to tax for ONLY debt, defense, and “…general (all, the whole, not some, one, or a few) Welfare…,” omitting and, thereby, excluding any power to tax for individual Welfare, specific Welfare, particular Welfare, favor or charity. The same article enumerates and provides Congress the power to regulate ONLY the Value of money, Commerce with foreign Nations, and among the several states, and with the Indian Tribes, and land and naval Forces.
Additionally, the 5th Amendment right to private property was initially qualified by the Framers and is, therefore, absolute, allowing no further qualification, and allowing ONLY the owner the power to “claim and exercise” dominion over private property.
Government exists, under the Constitution and Bill of Rights, to provide maximal freedom to individuals while government is severely limited and restricted to merely facilitating that maximal freedom of individuals through the provision of security and infrastructure.
“Government exists, under the Constitution and Bill of Rights, to provide maximal freedom to individuals…”
I would suggest rephrasing that to: “Government exists, under the Constitution and Bill of Rights, to provide CONDITIONS CONDUCIVE TO maximal freedom for individuals…”
I do not think that government can provide freedom. It can only (hopefully) be constrained from impinging on it more than an absolute minimum, as the Constitution attempts to do. I know that is a nitpick, but I think it a relatively important one.
Bahahaha, mention the word Constitution and the Pinko Commies come out of the weeds and bushes…
They provide the best reason I can think of to defend it.
Talking free speech, can’t wait for Turley’s post on how Trump said ” I mean, to be honest, they are a news organization, they have to be licensed to do it. They ought to take away their license for the way they did that” So Trump wants to take away a license for fact-checking him on his lies of immigrants eating dogs and after birth abortions. Which is not the the first time Trump has threatened reporters or news organizations. But in Turley’s view, Trump can lie all he wants and call it free speech. It’s a matter of time before Turley could claim yelling fire in a crowded theater is free speech, as long as a wanna-be dictator says it.
Turley’s cherry-picking and chicken little act gets old when you realize that Turley loves to leave out what the right-wing does with their war on free speech and academic freedom. Just look into what Florida and Indiana and Ohio have done to tie teachers and professors hands. Conservatives have a war against higher education in part of their overall war on modernization and multiculturalism. And no….I will not do your homework for you, look into it yourself.
You didn’t mention Idaho.
The teacher of the year fled the state after getting death threats when she said students should treat each other with respect.
OBGYN doctors are leaving the state because care for pregnant women who have complications may involve doing procedures that will save the woman’s life, but put the Doctor in prison. Women with problem pregnancies now have to go hundreds of miles to see a specialist.
Librarians are quitting and leaving the state because if a parent doesn’t like a book, the librarian gets fined.
Yep, no mention from JT about right wing sensorship
Anonymous: thanks. I read a piece about OB-GYN residency programs in places like Indiana which strictly bans abortions. In fact, the Indiana AG, Todd Rokita, went after Dr. Caitlin Bernard for treating the 10 year old rape victim from Ohio–he tried to get her license taken away, claiming that she violated the victim’s right of privacy. Of course, she never disclosed the child’s name. Dr. Bernard was reprimanded by the Indiana Medical Licensing Board, but Rokita was also disciplined by the State Supreme Court for discussing pending licensure matters involving physicians, which is unlawful. But the point Rokita was intending to make was that doctors should feel intimidated if they try to help a patient who needs an abortion. After spending years of your youth and hundreds of thousands of dollars to become a physician, you would not be likely to risk prison by performing an abortion–exactly what Republicans want.
The upshot of all of this is that resident OB-GYN physicians in Indiana cannot get the proper training on how to treat a doomed pregnancy for which abortion is necessary because of Indiana’s abortion ban. Such care is not something that can be learned from a textbook or video–it requires hands-on experience. After a passage of time, graduate physicians wanting to go into OB-GYN will not likely choose to train in Indiana. OB-GYNs will not likely remain in Indiana since they are not free to exercise their medical judgment to treat a doomed pregnancy. Ultimately, there will be a shortage of OB-GYN specialists, especially in small communities, in Republican strongholds. The ultimate result–women will die because there isn’t a doctor properly trained to treat a pregnancy complication that requires termination. And, in an emergency, there isn’t time to go to another state. This is what is meant when it is said that abortion is health care–it is necessary, and in the case of OB emergencies, you need a doctor who has sufficient experience and training.
@ Gigi +100
Debate moderator fact-checks Trump on botched abortions, ignores eight babies who died in Minnesota
“”There is no state in this country where it is legal to kill a baby after it’s born,” ABC News’ Linsey Davis said.”
https://justthenews.com/politics-policy/abortion/abc-news-debate-moderator-fact-checks-trump-botched-abortions-despite-8?utm_source=referral&utm_medium=offthepress&utm_campaign=home
That is pretty sick. Not to even try.
Just a quick note on links. When you see a “?utm” in the middle of an url, that, and everything following it, is a “referral”, which typically exists only to allow a third party (e.g. ZeroHedge, which frequently uses links from other sources) to publish the link, but allow the owner of the page with the original to be paid by any of its advertisers (it’s a bit more complicated than that in reality, but that is the essence). When providing such a link in a context like this blog, the “?utm”, and all of the following characters, can, and probably should be, omitted.
who cares
Not imbeciles, evidently.
Gigenius
Why did you LIE about being an attorney on this blog?
https://jonathanturley.org/2024/05/03/trumps-12th-amendment-problem-the-vp-short-list-has-a-residency-dilemma/comment-page-1/#comment-2394496
Let’s see if I read this right–Turley says: “He could also attempt a more creative approach and just change residency for the election.” So, Turley is suggesting that Rubio deliberately be deceitful by playing games with his residency in order to circumvent the requirement that a POTUS and VP can’t both be residents of the same state, all of which is being done to court Hispanic voters? So, Turley, is that what George Washington University teaches law students–how to cheat to circumvent the Constitution, calling it a “creative approach”? And, you wonder why some of us, especially experienced attorneys like me and Dennis, do not respect you.
From a REAL lawyer, I say that Gigi has made so many legal mistakes and erroneous statements on this blog about law and procedure that I already knew she was not to be believed or respected. But I did not know that she had actually claimed to be a lawyer. Thanks for pulling up her old comment. Now I know why so many others (real lawyers) make fun of her.
Gigenius has also claimed to be a nurse. I find that equally hilarious, but also frightening. The best we can hope for is that she is gainfully employed doing triage and vitals in a podiatrists office.
She had no idea what the term “spastic” means, and also was woefully uneducated on the “medications” that Biden magically made “more affordable”.
The day Gigi is a nurse or a lawyer is the day I’m a goddam astronaut Lt Dan
‘Gigi’ also denied being mentally ill/ TDS.
Fishstick, I dont have to do any homework to know everything you said was a lie.
Passing laws that prevent indoctrination in K-12, pornography in elementary schools, promoting child harm is not only common sense but common decency.
Of which you have neither.
It’s not a lie if they believe their lies per George Kastanza. Fishdip thinks if they repeat the lie over and over it will become truth, but a lie is a lie and the truth will eventually emerge.
The misinformation that trump cult members have never amazes me. Traveler, it’s Trump who is the master of the repeating lie, and of course FOXNEWS. And they have to pay over 750 million dollars for that business model.
Fishstick, no. It is leftist Democrats and MSM that tells lies. Over four years of Russia!Russia!Russia! lies. The Hunter Biden laptop is Russian disinformation. The Southern Border is secure. Just to name a few. Then there is the Biggest Lie: Joe Biden is sharp as a tack! He is going to defeat Trump!
How that go for you Fishy?
The ‘biggest lie’ is you saying Republicans don’t also tell lies.
Biggest lie ^^^^
Modernization and multiculturalism… Indeed.
“After the founding of the PRC, Mao Zedong put forward the strategic goal of modernization of the nation and specified when and how to achieve it step by step. When it came to choosing among modernization policies, Mao attached particular importance to the approaches of class struggle and political movement.”
“He stressed that the values, ideology, and will of human beings were the main factors in building socialism…”
https://link.springer.com/chapter/10.1007/978-981-16-3716-2_17
BS Bozo Fishwings
Yea, I want a president that can’t tell the difference between BS and fact.
“They’re eating the dogs, the people that came in, they’re eating the cats, they’re eating the pets of the people that live there,” Trump said
I want a president who brings down inflation, brings order to the immigration system, lowers violent crime in cities, and avoids forever wars and nuclear Armageddon. Those are self-evidently more important issues than the frivolous one you are focusing on.
Oldmanfromkansas,
Well said OldMan.
To illustrate your point, Illegal Alien MS-13 Gangster Kills Girl, Then Enrolls In Maryland High School
Fox45 has learned an MS-13 gang member, in the country illegally, was attending a Maryland public school while he was the primary suspect in a vicious murder. He was just sentenced to 70 years in prison. And he was allowed to be a student in a public school AFTER he… pic.twitter.com/BenjBtu9xl
— Chris Papst (@chrispapst) September 8, 2024
Any crime is bad.
On average…immigrants commit fewer crimes than citizens.
So if you want to make the country have less crime, expel all citizens, let the migrants take over.
Kamala Harris was put in charge of figuring out why immigrants from Central America were coming to the U.S. She had discussions with leaders in the affected countries, and migrants from those countries went down. No border czar, just a mission to figure out what is going on, and finding solutions, which she did. Success. But being part of a lying cult, I do not expect you to accept facts.
Victor Orban loves trump. That is reason enough to not vote for trump. Unless you’re a nazi loving nationalistic bird brain.
Oh yea, trump thinks maybe kinda sorta he might have some idea that there perhaps should be a plan for health care. He’s working on that one.
Inflation is down. Violent crime in cities is down. There was a golden opportunity to reform immigration and Trump demanded republicans not to because he needed a campaign issue to cling to.
Trump is more worried about a fictional story of immigrants eating people’s pets. He brought it up because he thought that was important.
https://x.com/realannapaulina/status/1833682307519029468
They’ve been doing that for years. Worked on a condo job and the illegals put chips out on the roof to attract seagulls. They then cast net them cooked them and ate them.
* There are economic systems and political systems. The constitution is a political system. The political system is a democracy carried out by elected representatives known as republic. The republic is State representatives and the combined States representatives are representatives at the federal level. Both State and Federal government are restricted by the Constitution leaving maximum freedom to the people. It’s limited government.
There are all kinds of laws that shouldn’t exist because they restrict freedom and government has usurped individual freedom as big government.
Capitalists are employers. Big government has usurped the employers role and has become the biggest single employer in the USA. It’s unbelievable the government is offering free money to many groups and factions.
It’s perfectly fine for capitalists to become lawfully wealthy and challenge government overreach. The creation of money is part of capitalism.
The economic system is divided into 12 regions by States and represented by the Federal Reserve. The federal reserve is the bank system and right now is headed by a philosophy phd lesbians (DEI) knowing nothing about economics in some regions. It’s all a tragic comedy of errors.
Borders broken, drug deaths, children consuming anesthesia as a “high”, train and plane wrecks, inflation causing hunger, harmful imports from 3rd worlds, child abuses, murder, theft, robbery, collapsing infrastructure, rise of despots, just a collapse unseen before is what democrats gave you. Government has become royalty in the worst sense.
It’s finished because 1% of the population couldn’t find an economic niche.
Peace
Perhaps I’m wrong, but it seems that the two cited Law Professors from Harvard and Yale have never actually practiced law. You would think that such ‘prestigous’ schools of learning would be able to hire Professors with practical experience to pass on to their students.
Ref:
– https://hls.harvard.edu/faculty/ryan-d-doerfler/
– https://campuspress.yale.edu/samuelmoyn/biography/
I once “solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic;”
Does that make this guy and others like him an enemy of the Constitution of the United States?
It’s not the failings of the Constitution but it’s the failings of man. As the communists destroy our religious freedom they so destroy man. Our beliefs in God and morality are the cosmic glue that makes the Constitution work the way intended.
These are VERY SCARY times. The Constitution , law and order, and FREEDOM have to survive. If not, there is no hope left. 🙁
Professor Turley’s criticism about other professor’s “attacking” the constitution are criticizing a much broader problem. Our constitution was meant to be amended to keep up with society’s changes and needs. The founders knew this and provided the means to do it but also made it difficult so that it can be carefully deliberated. Other nation’s constitutions are amended as their societies change and progress. Ours is growing a bit stale and outdated. Clarification and “bright lines” need to be made and there is plenty of reason for it. We should be adding amendments to clarify and make clear about certain things we would like to add. The Supreme Court, even with a conservative majority, would have to decide cases based on the constitution and clear meanings and the best way to do that is to put it as an amendment in our constitution. We can always add more rights, clarify rights, and specify exactly what the government cannot do.
Trump also called for the termination of the constitution when he complained about voter fraud. Turley, as usual, remained silent.
“A Massive Fraud of this type and magnitude allows for the termination of all rules, regulations, and articles, even those found in the Constitution,” —Donald Trump.
The there are those who want to amend the 1st amendment, 2nd amendment, and a couple of others. Calls to amend them are perfectly fine and it should be a worthy discussion. And because the process is difficult and forces everyone to really consider what or how amend it is supposed to involve everyone means the nation as a whole gets to decide, not just a small powerful group of people or a single political party.
The last time the constitution had an amendment added was 1992 with the 27th amendment about Congressmen’s salaries. 32 years ago. Perhaps it’s time to update or upgrade.
George: I just noted in another comment that proposing the ” termination of all rules, regulations, and articles, even those found in the Constitution” does NOT mean “terminate the Constitution.” Do you have a reading comprehension problem?
in fact, Trump was specifically referring to those rules, regulations, –even those found in the Constitution, that related to FRAUD. Did you forget “context,” George?
What article in the constitution refers to voter fraud?
Another stupid statement. Read what he said in your quote and follow-up with mine. It is clear Trump doesn’t like illegal voting something you and the left propagate.
S. Meyer and missed the part where he calls for the termination of all rules, regulations, and articles, even in the constitution. All means all. What part of that is confusing? Because it is also clear he wants to terminate the constitution, all of its articles.
Stupidity, arrogance, illiteracy, and an inability to understand context even after it is explained. Make sure someone holds your hand when you cross the street.
Trump loves illegal voting. It’s why he schemed to create fake electors and stop congress from validating the votes.
So the drunkard says. Try not to relieve yourself at the polls.
He doesn’t vote. He just screeches about Trump because Trump cost him his $300 grain trade and didn’t pay him the money for cutting his grass.
The United States Postal Service is NOT a Time, Place, or Manner (digital, paper, etc.) of holding elections.
The Constitution requires voters to present at a particular time and place to be identified and to vote.
If the voter cannot accomplish that, he has no need to vote.
The Constitution does not require citizens to vote.
It is up to individual citizens to present to vote, or not.
A large number of citizens choose not to vote.
Turnout in 1789 was 11.6% under severely restrictive voter qualifications imposed by States.
No matter the vote, it is the Constitution that holds dominion.
____________________________________________________________________
Article 1, Section 4
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.
All means all. Right? So saying All rules and regulations and articles including those in the constitution means he is for terminating all of them. It’s not hard to comprehend what he meant.
“A Massive Fraud of this type and magnitude allows for the termination of all rules, regulations, and articles, even those found in the Constitution,” —Donald Trump.”
Once again, Svelaz takes an idea out of context. There was plenty wrong with the 2020 election, and many other countries look at how we vote and think it is silly because they learned from experience it leads to fraud. Trump wanted to remove the fraud constitutionally, and that might require an amendment preventing scams and dilution of citizens rights.
Trump clarified what he broadly stated later to make it more understandable to those who are unable to think constructively, saying, ” Steps must be immediately taken to right the wrong” of election fraud. That is what Trump was talking about. He wanted to stop election fraud. Why do you have to continue being such an idiot?
S. Meyer,
Well said and spot on!
“IT IS THEIR DUTY”
“That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
“But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.”
– Declaration of Independence, 1776
My neighbor’s parrot says things he doesn’t understand. The parrot is much smarter than Svelaz because when the parrot says things there is no arrogance attached.
I can’t believe Trump can’t beat this babbling idiot. Once again, he and his campaign got played by the liberals. They have not done one smart move this whole election. On my way in today, I think I’ve entered the acceptance phase of the death of the country. Even if Trump wins, which is very doubtful, it will only postpone the entrenched socialism that has its fangs in us. Is it realistic to think that the press will ever return to not being biased, that the public school system will stop being indoctrination camps for the left, that higher education will start balancing their hiring practices and stop removing conservative professors, that the DOJ, FBI and CIA will stop being tools for the feds, that free speech will not be chipped away? Throw on top of that the technology that is about to be released on us all in the near future, i.e. AI that will be used against us. It’s probably time to check out on the country that is lost. Time to go John Galt and just move on.
@Jim
How about, ‘No.’? Capitulation is what they are counting on, it’s why they are so relentless (see the ‘Rules for Radicals’). The actual trick is to see through the malfeasance to the point where it’s more of a sad, annoying, trifle while the rest of us continue to do the right thing. Don’t get fooled by what amounts to a hologram or a hat trick.
You are more optimistic than I am. The cog of socialism only turns one way. The only way to reverse it is to blow the cog up. The country has been lost for some time now and we need to wake up to this fact and accept it just like accepting death when someone dies. I feel bad for the younger generations because they will have to witness and exist in the shell of the country that once was. I know this sounds pessimistic, but how else can it be viewed?
@Jim
Yes on the entropy, no, on the rest. I am thinking now you are a troll, I apologize if that is not the case. The majority of us don’t want this. I honestly have become numb to the gaslighting, it’s just boosheet; I’m more concerned about the handling of the election. Put your sights there, because that is where they do not want you to look. View it as though no matter what happens, we are currently, at least, one of the last free Western countries on earth, and we may have to lead the pack again, even if that is scorned or unpopular.
Jim22,
Harris had a clearly biased moderators who helped her along throughout the whole debate.
I doubt she would of fared as well in front of a actual neutral venue or moderators who asked or pressed her on tough questions.
True enough and I will not argue the biased moderators. Are you surprised by them? The bigger problem is that Trump got played again. She needed the debate more than he did and he should have made all the rules. And rule one, would be to not do it on a liberal media network. He got played earlier by debating Biden before the conventions. We are literally watching a script play out and the Republicans have no clue on how to edit it.
He can’t beat her because all he has are insults and the border. Everything else is just spewing BS and nonsense about immigrants eating pets in some town.
No George, he can’t beat her because the system is fixed and he has already lost. You are not voting for Harris, you are voting for the system that pulls her strings and opens her doors (and in her case legs).
Some town. I wonder how you would feel if a quarter of your towns population was suddenly illegal aliens.
A few hours before the debate, someone leaked the actual 911 call about ducks getting killed by Hatians.
“nonsense about immigrants eating pets in some town.”
Svelaz doesn’t have a brain big enough for logic and real-life experience to teach him that even if Svelaz didn’t see it, there is a reasonable likelihood of that happening.
Different cultures do exactly that. In China, people eat dogs and a lot of other things. On Long Island, a popular restaurant was closed because it was serving cat. In Florida, Latinos find Iguanas tasty. Where there is poverty or even a cultural difference, people search out sources of food, whether it be animals, and in some cases, cannibalism exists.
Svelaz lacks knowledge and adequate intellect to recognize truth.
the NYT even admits that two specific incidents contributed to the rapid spread and embellishment of the claim: both involved Black persons in the area surrounding Springfield (a city of 60,000 including 15,000-20,000 Haitian immigrants). Whether they were Haitian or not is not reported.
One incident is where neighbors called police about a black woman with a dead cat on her porch, and police found blood on her hands and cat hair around her mouth. The police wrote it up as drug-related. The second involved a photographer posting a picture of a black man walking with a dead cat or bird.
it was a Canada goose.
Police Audio, Report Confirm Haitian Goose-Hunting In Ohio: ‘They All Had Geese In Their Hands’
https://thefederalist.com/2024/09/10/exclusive-police-audio-report-confirm-haitian-goose-hunting-in-ohio-they-all-had-geese-in-their-hands/
It’s like when Vietnamese moved to San Jose and all the stray dogs disappeared.
S. Meyer, WTF are you talking about? There is no likelihood that it’s happening. It’s been debunked multiple times by the town mayor and law enforcement. YOU are the gullible idiot who just accepts it as fact because Trump said it.
Nobody is questioning the fact that some cultures do eat cats and dogs. That does not mean they are doing it in Springfield.
S. Meyer lacks common sense and his stupidity overpowers his ability to think.
“S. Meyer, WTF are you talking about?”
I already told you. Svelaz doesn’t have a brain big enough for logic and real-life experience to teach him that even if Svelaz didn’t see it, there is a reasonable likelihood of that happening.
“debunked multiple times by the town mayor”
Does your town manager know how stupid you are? I rest my case.
And where, how & by whom is the counter argument in favor of the Constitution formally presented on the Brown campus to students & faculty? And these days we might as well include the trustees. One suspects there is none.