New York Times columnist Jamelle Bouie faults Democratic presidential contender Pete Buttigieg for his insufficiently ambitious plan to remake the U.S. Supreme Court, arguing that progressives need to challenge the idea that the Court has the final say on what the Constitution means.
Bouie thinks that ditching the principle of judicial review enunciated in Marbury v. Madison will help progressives pursue their policy agenda.
"Progressives have a crucial task ahead of them-not merely to defeat Trump and Trumpism, but to reclaim the Constitution and advance a more expansive vision of democratic freedom, in which Americans have inalienable economic rights as well as inalienable political and civil ones," Bouie writes.
In the name of "Defeat[ing] Trump and Trumpism," Bouie is recommending a principle that would let Trump and every reckless demagogue who follows him do their worst.
"After decades of railing against 'activist judges,'" Bouie complains, "Republicans are poised to reverse the hard-won gains of activists and ordinary people through judicial fiat." He does not specify which "Hard-won gains" he has in mind.
"The Supreme Court has always been political, and no reform short of ending the power of judicial review will disentangle it from ordinary, partisan politics."
Depending on who happens to be in power, legislators might enact Bouie's policy agenda, or they might endorse torture, approve warrantless searches, abolish the presumption of innocence, close down newspapers that criticize them, or exclude immigrants based on their race.
https://reason.com/2019/06/07/to-defeat-trump-new-york-times-columnist-argues-we-must-abolish-judicial-review/
Bouie thinks that ditching the principle of judicial review enunciated in Marbury v. Madison will help progressives pursue their policy agenda.
"Progressives have a crucial task ahead of them-not merely to defeat Trump and Trumpism, but to reclaim the Constitution and advance a more expansive vision of democratic freedom, in which Americans have inalienable economic rights as well as inalienable political and civil ones," Bouie writes.
In the name of "Defeat[ing] Trump and Trumpism," Bouie is recommending a principle that would let Trump and every reckless demagogue who follows him do their worst.
"After decades of railing against 'activist judges,'" Bouie complains, "Republicans are poised to reverse the hard-won gains of activists and ordinary people through judicial fiat." He does not specify which "Hard-won gains" he has in mind.
"The Supreme Court has always been political, and no reform short of ending the power of judicial review will disentangle it from ordinary, partisan politics."
Depending on who happens to be in power, legislators might enact Bouie's policy agenda, or they might endorse torture, approve warrantless searches, abolish the presumption of innocence, close down newspapers that criticize them, or exclude immigrants based on their race.
https://reason.com/2019/06/07/to-defeat-trump-new-york-times-columnist-argues-we-must-abolish-judicial-review/
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