New York Times: Let’s Abolish the Constitution

 

The TL;DR version of this editorial is “The US Constitution is an impediment to our grand socialist utopia. We should get rid of it and decide everything by majoritarian rule.”  It’s behind a paywall, just so you know. I’ll put an excerpt at the bottom. Under this scheme, there would be no Bill of Rights; nothing to stop the Government from censoring speech, banning religion, or even breaking down your door in the middle of the night and making you disappear. Nothing except the presumed goodness and decency of elected politicians.  This is how the left wants it to be.

This article was actually cited by Trump-Hating NRO contributor Dan McLaughlin in an argument with Bull-worker Stephen Hayes Jim Swift. Swift was arguing that Never-Trumpers like McLaughlin were wimps because they refuse to vote for Democrats to spite Trump. McLaughlin countered that voting for Democrats is voting to empower radical positions like the one espoused in the New York Times. “Sorry, I’m not gonna sign up with the people who argue that we need to get rid of the United States Constitution.” He is correct on this point.

Democrats can’t be trusted with any of our institutions. They constantly push changes to the fundamental rules to undermine our democratic system. They attack the legitimacy of our elections & system at the drop of a hat.

There really are no moderate Democrats anymore. When push came to shove, Manchin and Sinema voted the way Chuck Schumer told them to.  Democrats are in lockstep on radical climate policies, outlawing voter ID and other protections of election integrity, open borders/mass immigration, use of public schools as indoctrination centers for their social agenda, outlawing or crippling alternatives to public schools (except for the very wealthy), and abortion up until the hour of birth.

And some people who call themselves “conservatives” and “patriots” will vote to empower this agenda out of sheer spite.

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  1. Hoyacon Member
    Hoyacon
    @Hoyacon

    I am shocked (!) to see that the authors “teach law” at Harvard and Yale.

    • #1
  2. MWD B612 "Dawg" Member
    MWD B612 "Dawg"
    @danok1

    Hoyacon (View Comment):

    I am shocked (!) to see that the authors “teach law” at Harvard and Yale.

    As shocked as Captain Renault was to find that gambling was going in at Ric’s!

    • #2
  3. Hoyacon Member
    Hoyacon
    @Hoyacon

    A bit more from the op-ed:

    One way to get to this more democratic world is to pack the Union with new states. Doing so would allow Americans to then use the formal amendment process to alter the basic rules of the politics and break the false deadlock that the Constitution imposes through the Electoral College and Senate on the country, in which substantial majorities are foiled on issue after issue.

    In support of this, the article links to a law review article advancing one of the wackiest ideas you’ll ever see.  And that’s saying a lot these days.

    To do this, Congress should pass legislation reducing the size of Washington, D.C., to an area encompassing only a few core federal buildings and then admit the rest of the District’s 127 neighborhoods as states. These states — which could be added with a simple congressional majority — would add enough votes in Congress to ratify four amendments: (1) a transfer of the Senate’s power to a body that represents citizens equally; (2) an expansion of the House so that all citizens are represented in equal-sized districts; (3) a replacement of the Electoral College with a popular vote; and (4) a modification of the Constitution’s amendment process that would ensure future amendments are ratified by states representing most Americans.

    Remember stuff like this any time a “progressive” accuses you of having extremist views.

    • #3
  4. Bob Thompson Member
    Bob Thompson
    @BobThompson

    Hoyacon (View Comment):

    A bit more from the op-ed:

    One way to get to this more democratic world is to pack the Union with new states. Doing so would allow Americans to then use the formal amendment process to alter the basic rules of the politics and break the false deadlock that the Constitution imposes through the Electoral College and Senate on the country, in which substantial majorities are foiled on issue after issue.

    In support of this, the article links to a law review article advancing one of the wackiest ideas you’ll ever see. And that’s saying a lot these days.

    To do this, Congress should pass legislation reducing the size of Washington, D.C., to an area encompassing only a few core federal buildings and then admit the rest of the District’s 127 neighborhoods as states. These states — which could be added with a simple congressional majority — would add enough votes in Congress to ratify four amendments: (1) a transfer of the Senate’s power to a body that represents citizens equally; (2) an expansion of the House so that all citizens are represented in equal-sized districts; (3) a replacement of the Electoral College with a popular vote; and (4) a modification of the Constitution’s amendment process that would ensure future amendments are ratified by states representing most Americans.

    Remember stuff like this any time a “progressive” accuses you of having extremist views.

    Would anyone be shocked (!) if secession were back on the table?

    • #4
  5. Stad Coolidge
    Stad
    @Stad

    Victor Tango Kilo: It’s behind a paywall

    Capitalist pigs . . .

    • #5
  6. Sandy Member
    Sandy
    @Sandy

    The necessity of the protections of due process and equality before the law, to say nothing of the checks and balances so carefully written into the Consitution,  seems no longer to be even understood, let alone accepted, by far too many among what we used to call the “educated.”  John Hinderaker today called the NYT piece “one of the stupidest things I have ever read.”  Stupid, yes, but also poisonous.  Someone needs to remind these great legal minds that they are playing with fire, both because there are people who will fight for those protections, and because the revolution always eats its own.

    The good news is that college attendance is down, and may remain down.  

    • #6
  7. Randy Weivoda Moderator
    Randy Weivoda
    @RandyWeivoda

    Hoyacon (View Comment):

    A bit more from the op-ed:

    One way to get to this more democratic world is to pack the Union with new states. Doing so would allow Americans to then use the formal amendment process to alter the basic rules of the politics and break the false deadlock that the Constitution imposes through the Electoral College and Senate on the country, in which substantial majorities are foiled on issue after issue.

    In support of this, the article links to a law review article advancing one of the wackiest ideas you’ll ever see. And that’s saying a lot these days.

    To do this, Congress should pass legislation reducing the size of Washington, D.C., to an area encompassing only a few core federal buildings and then admit the rest of the District’s 127 neighborhoods as states. These states — which could be added with a simple congressional majority — would add enough votes in Congress to ratify four amendments: (1) a transfer of the Senate’s power to a body that represents citizens equally; (2) an expansion of the House so that all citizens are represented in equal-sized districts; (3) a replacement of the Electoral College with a popular vote; and (4) a modification of the Constitution’s amendment process that would ensure future amendments are ratified by states representing most Americans.

    Remember stuff like this any time a “progressive” accuses you of having extremist views.

    If the left went that far to have a clear majority in Senate, what would keep various conservative states from deciding to split into hundreds of new “states?”  It’s like with packing the Supreme Court.  People think they’ve figured out some trick to stack the deck, forgetting that sometimes the opposition party gets to deal the cards.

    • #7
  8. Sandy Member
    Sandy
    @Sandy

    Randy Weivoda (View Comment):

    Hoyacon (View Comment):

    A bit more from the op-ed:

    One way to get to this more democratic world is to pack the Union with new states. Doing so would allow Americans to then use the formal amendment process to alter the basic rules of the politics and break the false deadlock that the Constitution imposes through the Electoral College and Senate on the country, in which substantial majorities are foiled on issue after issue.

    In support of this, the article links to a law review article advancing one of the wackiest ideas you’ll ever see. And that’s saying a lot these days.

    To do this, Congress should pass legislation reducing the size of Washington, D.C., to an area encompassing only a few core federal buildings and then admit the rest of the District’s 127 neighborhoods as states. These states — which could be added with a simple congressional majority — would add enough votes in Congress to ratify four amendments: (1) a transfer of the Senate’s power to a body that represents citizens equally; (2) an expansion of the House so that all citizens are represented in equal-sized districts; (3) a replacement of the Electoral College with a popular vote; and (4) a modification of the Constitution’s amendment process that would ensure future amendments are ratified by states representing most Americans.

    Remember stuff like this any time a “progressive” accuses you of having extremist views.

    If the left went that far to have a clear majority in Senate, what would keep various conservative states from deciding to split into hundreds of new “states?” It’s like with packing the Supreme Court. People think they’ve figured out some trick to stack the deck, forgetting that sometimes the opposition party gets to deal the cards.

    Exactly right (although there are probably plans afoot to address the existence of the “opposition party”).

    • #8
  9. MWD B612 "Dawg" Member
    MWD B612 "Dawg"
    @danok1

    Sandy (View Comment):

    The necessity of the protections of due process and equality before the law, to say nothing of the checks and balances so carefully written into the Consitution, seems no longer to be even understood, let alone accepted, by far too many among what we used to call the “educated.” John Hinderaker today called the NYT piece “one of the stupidest things I have ever read.” Stupid, yes, but also poisonous. Someone needs to remind these great legal minds that they are playing with fire, both because there are people who will fight for those protections, and because the revolution always eats its own.

    The good news is that college attendance is down, and may remain down.

    Amen! I’ve replied to some folks questioning due process on Twitter that due process is one of the greatest achievements of Western Civilization. (Though more specifically English law and civilization). Such a great inheritance should not be thrown away.

    • #9
  10. Hoyacon Member
    Hoyacon
    @Hoyacon

    Randy Weivoda (View Comment):

    Hoyacon (View Comment):

    A bit more from the op-ed:

    One way to get to this more democratic world is to pack the Union with new states. Doing so would allow Americans to then use the formal amendment process to alter the basic rules of the politics and break the false deadlock that the Constitution imposes through the Electoral College and Senate on the country, in which substantial majorities are foiled on issue after issue.

    In support of this, the article links to a law review article advancing one of the wackiest ideas you’ll ever see. And that’s saying a lot these days.

    To do this, Congress should pass legislation reducing the size of Washington, D.C., to an area encompassing only a few core federal buildings and then admit the rest of the District’s 127 neighborhoods as states. These states — which could be added with a simple congressional majority — would add enough votes in Congress to ratify four amendments: (1) a transfer of the Senate’s power to a body that represents citizens equally; (2) an expansion of the House so that all citizens are represented in equal-sized districts; (3) a replacement of the Electoral College with a popular vote; and (4) a modification of the Constitution’s amendment process that would ensure future amendments are ratified by states representing most Americans.

    Remember stuff like this any time a “progressive” accuses you of having extremist views.

    If the left went that far to have a clear majority in Senate, what would keep various conservative states from deciding to split into hundreds of new “states?” It’s like with packing the Supreme Court. People think they’ve figured out some trick to stack the deck, forgetting that sometimes the opposition party gets to deal the cards.

    AFAIK, it’s not up to the states but to Congress.  That scheme presupposes that Democrats are in control, as they are now.

    • #10
  11. Bob Thompson Member
    Bob Thompson
    @BobThompson

    Hoyacon (View Comment):
    AFAIK, it’s not up to the states but to Congress.

    We went through this once before. It can happen again.

    • #11
  12. Randy Weivoda Moderator
    Randy Weivoda
    @RandyWeivoda

    Hoyacon (View Comment):
    AFAIK, it’s not up to the states but to Congress.  That scheme presupposes that Democrats are in control, as they are now.

    Good point.  But I wonder how many Democratic voters would give their blessing to a scheme that gives the voters of the 23rd largest city in the country absolute control over the Senate?

    • #12
  13. Paul Stinchfield Member
    Paul Stinchfield
    @PaulStinchfield

    Hoyacon (View Comment):

    I am shocked (!) to see that the authors “teach law” at Harvard and Yale.

    Once again, it’s time to compare the combined faculties of Harvard and Yale with the first thousand names in the Boston telephone directory.

    • #13
  14. Paul Stinchfield Member
    Paul Stinchfield
    @PaulStinchfield

    Sandy (View Comment):

    The necessity of the protections of due process and equality before the law, to say nothing of the checks and balances so carefully written into the Consitution, seems no longer to be even understood, let alone accepted, by far too many among what we used to call the “educated.” John Hinderaker today called the NYT piece “one of the stupidest things I have ever read.” Stupid, yes, but also poisonous. Someone needs to remind these great legal minds that they are playing with fire, both because there are people who will fight for those protections, and because the revolution always eats its own.

    The good news is that college attendance is down, and may remain down.

    The stupidity is a consequence of the poison.

    • #14
  15. kedavis Coolidge
    kedavis
    @kedavis

    Randy Weivoda (View Comment):

    Hoyacon (View Comment):

    A bit more from the op-ed:

    One way to get to this more democratic world is to pack the Union with new states. Doing so would allow Americans to then use the formal amendment process to alter the basic rules of the politics and break the false deadlock that the Constitution imposes through the Electoral College and Senate on the country, in which substantial majorities are foiled on issue after issue.

    In support of this, the article links to a law review article advancing one of the wackiest ideas you’ll ever see. And that’s saying a lot these days.

    To do this, Congress should pass legislation reducing the size of Washington, D.C., to an area encompassing only a few core federal buildings and then admit the rest of the District’s 127 neighborhoods as states. These states — which could be added with a simple congressional majority — would add enough votes in Congress to ratify four amendments: (1) a transfer of the Senate’s power to a body that represents citizens equally; (2) an expansion of the House so that all citizens are represented in equal-sized districts; (3) a replacement of the Electoral College with a popular vote; and (4) a modification of the Constitution’s amendment process that would ensure future amendments are ratified by states representing most Americans.

    Remember stuff like this any time a “progressive” accuses you of having extremist views.

    If the left went that far to have a clear majority in Senate, what would keep various conservative states from deciding to split into hundreds of new “states?” It’s like with packing the Supreme Court. People think they’ve figured out some trick to stack the deck, forgetting that sometimes the opposition party gets to deal the cards.

    They can’t just do it on their own, Congress has to approve.

    • #15
  16. kedavis Coolidge
    kedavis
    @kedavis

    Randy Weivoda (View Comment):

    Hoyacon (View Comment):
    AFAIK, it’s not up to the states but to Congress. That scheme presupposes that Democrats are in control, as they are now.

    Good point. But I wonder how many Democratic voters would give their blessing to a scheme that gives the voters of the 23rd largest city in the country absolute control over the Senate?

    I think plenty of them, since they never seem to think anything bad can come of what they vote for.

    • #16
  17. Mad Gerald Coolidge
    Mad Gerald
    @Jose

    Good commentary on this at Powerline.

    • #17
  18. drlorentz Member
    drlorentz
    @drlorentz

    Victor Tango Kilo:

    The TL;DR version of this editorial is “The US Constitution is an impediment to our grand socialist utopia. We should get rid of it and decide everything by majoritarian rule.” It’s behind a paywall, just so you know.

    Nah, not really. Nothing is behind a paywall for those in the know.

    https://archive.ph/HcA9o

    Learn to use all available weapons to defeat your enemy.

    • #18
  19. davenr321 Coolidge
    davenr321
    @davenr321

    …And ever since the American founders were forced to add a Bill of Rights to get their handiwork passed,…

    I imagine that, had I written something “clever” like that in American Civ 1, Professor H (my great undergrad history teacher) would have put a big, red, smiley face next to the “D” this deserved.

    Isn’t  the Bill of Rights – also known as the first ten Amendments to the Constitution part of the handiwork?

    I had a conversation the other day with a “kookie” co-worker. Said kook was seriously worried about Trump’s imminent incarceration starting a civil war. I countered with “for what?” and “with what”? He then sputtered as I explained that there wasn’t a civil war over Nixon, and, how soon we forget… Clinton, and the Gore vs. Bush. People were pissed, sure, but they all have to go to work the next day and our money’s got to stay good. I also expressed doubt that Trump would get indicted, but there’s the proverbial ham sandwich analogy.

    I did remark that what I thought would start a civil war would be a Federal Constitutional Convention. And that those of us who’ve sworn in the past and present to defend it, should  – and I know that I would.

    This article, in a newspaper many folks take seriously, is part of what’s now an open probing mission by the enemies of America. 

    • #19
  20. I Walton Member
    I Walton
    @IWalton

    The left is insane and it’s not going to get better.    I suppose it could just be historical ignorance and personal greed.   Ignorance not  just of  history but of mankind anywhere in any form    If they actually believed what they say why wouldn’t they just let us lesser stupid people form our own republic?  We could seperate and agree to trade with them freely.  If they have the right ideas what could go wrong for them?    We’d be foreign so could develop our own oil.  If we can’t defeat them in an election that is exactly what we’ll have to do.  

    • #20
  21. Victor Tango Kilo Member
    Victor Tango Kilo
    @VtheK

    I Walton (View Comment):
    We could seperate and agree to trade with them freely.

    What? You don’t think we can fix this by “voting for the right people next time.” 

    • #21
  22. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    davenr321 (View Comment):

    …And ever since the American founders were forced to add a Bill of Rights to get their handiwork passed,…

    I imagine that, had I written something “clever” like that in American Civ 1, Professor H (my great undergrad history teacher) would have put a big, red, smiley face next to the “D” this deserved.

    Isn’t the Bill of Rights – also known as the first ten Amendments to the Constitution part of the handiwork?

    I had a conversation the other day with a “kookie” co-worker. Said kook was seriously worried about Trump’s imminent incarceration starting a civil war. I countered with “for what?” and “with what”? He then sputtered as I explained that there wasn’t a civil war over Nixon, and, how soon we forget… Clinton, and the Gore vs. Bush. People were pissed, sure, but they all have to go to work the next day and our money’s got to stay good. I also expressed doubt that Trump would get indicted, but there’s the proverbial ham sandwich analogy.

    I did remark that what I thought would start a civil war would be a Federal Constitutional Convention. And that those of us who’ve sworn in the past and present to defend it, should – and I know that I would.

    This article, in a newspaper many folks take seriously, is part of what’s now an open probing mission by the enemies of America.

    I can talk on why it can spark a war. If the ruling class tells half the century that their speech does not count, and their votes don’t count, and there is nothing they can do, that is how you do it. I have no idea what the actual spark will be.

    But.

    If the pathway does not change, Concord 1775 is coming.

    I am not sure I understand you other comments. Are you saying that a Constitutional Convention, called by the states, would not only provoke a Civil War, but that people in the military would be right to oppose it?

     

    • #22
  23. KCVolunteer Lincoln
    KCVolunteer
    @KCVolunteer

    Paul Stinchfield (View Comment):

    Hoyacon (View Comment):

    I am shocked (!) to see that the authors “teach law” at Harvard and Yale.

    Once again, it’s time to compare the combined faculties of Harvard and Yale with the first thousand names in the Boston telephone directory.

    What they see as bugs are the actual features. They should try studying law, instead of teaching it.

    • #23
  24. MWD B612 "Dawg" Member
    MWD B612 "Dawg"
    @danok1

    davenr321 (View Comment):

    I imagine that, had I written something “clever” like that in American Civ 1, Professor H (my great undergrad history teacher) would have put a big, red, smiley face next to the “D” this deserved.

    Isn’t  the Bill of Rights – also known as the first ten Amendments to the Constitution part of the handiwork?

    Your history teacher should know that several of the states would not ratify the Constitution unless a Bill of Rights were added as amendments as soon as COTUS took effect. Heck, you should know that as well. You could even look it up.

    (Yes, I know your point is that the BoR was crafted by (generally) the some men who wrote the COTUS. But those same men thought a BoR was redundant.)

    davenr321 (View Comment):
    I did remark that what I thought would start a civil war would be a Federal Constitutional Convention. And that those of us who’ve sworn in the past and present to defend it, should  – and I know that I would.

    You do know that Article V allows the States to apply for a convention to propose amendments to the Constitution, right? And that upon application of 2/3 of the several States, Congress must call the convention? And that any proposed amendments coming out of such a convention must be ratified by 3/4 of the several States, just as those poposed by Congress must be? You know all this, right?

    So why would any amendments that result from that process, which requires extensive consensus among the States, kick off a civil war? Why don’t amendments originating with Congress kick off a CW? Show your work.

    • #24
  25. Ekosj Member
    Ekosj
    @Ekosj

    The idea of constitutionalism is that there needs to be some higher law that is more difficult to change than the rest of the legal order. Having a constitution is about setting more sacrosanct rules than the ones the legislature can pass day to day.

    They argue that the whole concept of “constitutionalism“ is the problem.  So it would seem that in the view of the editorial writers there is(or should be)  no “rule of law” just mob rule.   Which makes scenes like Jan6 commonplace and perfectly acceptable.

    • #25
  26. GlennAmurgis Coolidge
    GlennAmurgis
    @GlennAmurgis

    How long do the “principled conservatives” at the Bulwark declare the same?

    • #26
  27. I Walton Member
    I Walton
    @IWalton

    Ekosj (View Comment):

    The idea of constitutionalism is that there needs to be some higher law that is more difficult to change than the rest of the legal order. Having a constitution is about setting more sacrosanct rules than the ones the legislature can pass day to day.

    They argue that the whole concept of “constitutionalism“ is the problem. So it would seem that in the view of the editorial writers there is(or should be) no “rule of law” just mob rule. Which makes scenes like Jan6 commonplace and perfectly acceptable.

    They know how to control mobs so there won’t be mob rule.  Hungry people who get crushed if they misbehave is how it works.  It’s called totalitarianism and it makes most people poor and despondent, but why should those who run things care?  Of course, it doesn’t even work for them either, those who take over will be the most ruthless and able.  These people are just fools and in a place as large and diverse as the US it will disintegrate and we’ll get to start over.  Poor, in pieces but we’ll be reborn.    Maybe even some of our kids or grand kids will see it.

    • #27
  28. Full Size Tabby Member
    Full Size Tabby
    @FullSizeTabby

    I say, “Good for them!” They are bringing honesty to the discussion.

    The objectives of Progressivism (which is what I presume they mean by “liberal”) since at least as early as President Wilson are fundamentally opposed to the concepts of individual liberty, voluntary associations and actions, and self-governance expressed in the Declaration of Independence and that undergird the structure of the United States Constitution. Let’s openly discuss whether we really want to abandon the basic concept of self-governance and join all of the historical and current systems that have a ruling class of people that lord that ruling status over everyone else. 

    That the editorialists oppose the very concept of a constitution is where they really should be challenged, but challenged on substance and not just dismissed. Their opening thesis is that there should be no “higher law” to which government must adhere when setting new laws in place. If you have no structure of governance and no limitations on the types of laws that may be enacted, you may not end up with majoritarian mob rule. You may end up with rule by the strong individual (dictator) or oligarchy. 

    • #28
  29. Columbo Inactive
    Columbo
    @Columbo

    I have a better idea. Let’s abolish the OLD Gray ‘Lady’.

    • #29
  30. Randy Weivoda Moderator
    Randy Weivoda
    @RandyWeivoda

    Full Size Tabby (View Comment):
    If you have no structure of governance and no limitations on the types of laws that may be enacted, you may not end up with majoritarian mob rule. You may end up with rule by the strong individual (dictator) or oligarchy. 

    It’s a toss-up to say which is worse.

    • #30
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