When people criticize the Joe Biden presidency, many of the complaints center on how he pushes agendas that far exceed the authority of his office.
We saw it with vax mandates, the border, eviction moritoriums and more recently with student debt.
Now, leftist professors are fuelling his urge to act as a defacto king by telling him to disregard SCOTUS.
But somehow he’s lecturing us on how MAGA is the ‘extreme’ and ‘existential threat’ to democracy? Sure, Jan.
Harvard law professor Mark Tushnet and San Francisco State University political scientist have told Biden to give SCOTUS the middle finger in the face of their ruling that race-based university admissions is a violation of the Constitution.
Law Professor Johnathan Turley took a flamethrower to that advice.
The opening salvo in the op-ed he wrote provided devasating framing for the issue:
“I shall resist any illegal federal court order.”
When “the Court’s interpretation of the Constitution is egregiously wrong,” the president should refuse to follow it.
Those two statements were made roughly 60 years apart. The first is from segregationist Alabama Gov. George Wallace (D). The second was made by two liberal professors this month. — The Hill
Joe Biden seldom misses an opportunity to invoke George Wallace as somehow similar to the modern GOP… despite Biden’s own personal political relationships with people who had been aligned with Wallace. A habit that he has taken heat for in the past:
Pastor Darrell Scott, CEO of the National Diversity Coalition for Trump, tweeted: “Everyone Joe Biden cited today as ‘villians’; George Wallace, Bull Connor, and Jefferson Davis, were Democrats. Let that sink in…” — Newsweek
FLASHBACK: Joe Biden once bragged about being praised by George Wallace. pic.twitter.com/kXhHBRLtrI
— House Republicans (@HouseGOP) January 11, 2022
So despite referenda and polls showing majority support for barring race in admissions, academics are pushing to impose their own values, regardless of the views of the public or of the courts.
However, even if these measures were popular, it would not make them right. It is precisely what segregationists such as Sen. James Eastland (D-Miss.) argued, that “all the people of the South are in favor of segregation. And Supreme Court or no Supreme Court, we are going to maintain segregated schools.”
Tushnet and Belkin show the release that comes with rejecting constitutionalism. They declare that it is not enough merely to pack the court: “The threat that MAGA justices pose is so extreme that reforms that do not require congressional approval are needed at this time, and advocates and experts should encourage President Biden to take immediate action to limit the damage.”
In other words, they are calling for Biden to declare himself the final arbiter of what the Constitution means and to exercise unilateral executive power without congressional approval. He is to become a government unto himself.
You are not incorrect if you noticed that their description of “popular constitutionalism” sounds exactly like dictatorship. — The Hill