American Constitutional Law

Conservative Counter-Revolution Against 20th-21st Century Constitutional Law!

America is facing a conservative counter-revolution against 20th-21st Century Constitutional law!

We have Supreme Court Justices and their right wing ideologues who wish to bring back the 18th century Constitutional Convention of 1787, a time when women were totally under the control of their fathers, husbands, or other male relatives.

They also want to bring America back to a time when African Americans were slaves, or if that is not tenable, then back to the era of segregation and lynching.

They also want to bring America back to a time when interracial marriage and gay marriage were forbidden.

They also want to bring America back to a time when there was no right of privacy, because such a term was not mentioned in the Constitutional Convention or in the document produced for ratification in 1787.

The concept of originalism is preposterous, that all constitutional law since 1787 is null and void unless it applies to the exact language adopted 235 years ago!

It would put America back to a time when democracy was only for white male Protestants of property!

This battle is one that must be fought all the way to victory, as otherwise, how is America any different than an authoritarian dictatorship, run with the backing of powerful corporations and wealthy people, and based on the concept of theocracy, allowing so called “religious” values to dictate the lives of 330 million Americans?

Republicans And Conservative Supreme Court Will Suffer By Attack On Abortion Rights!

The Republican Party and the majority Conservative Supreme Court will suffer massively by their attack on Abortion Rights!

Vast numbers of Americans, and particularly women, will not sit idly by and allow a woman’s right to choose to be taken away without a massive negative reaction at the polls in 2022 and beyond!

It will be like the California Republicans who passed legislation in the form of Proposition 187 in 1994 under Republican Governor Pete Wilson to deny undocumented immigrants any rights to health care and education, with that legislation delayed and then declared unconstitutional, but with the Republican Party having committed suicide in the process.

So the California Republican Party, except for a few Congressional seats and a small number of state legislative seats, have been in the wilderness for the past quarter century, insuring that California is strongly Blue.

The Supreme Court under Chief Justice John Roberts will lose all credibility, and will damage the instition of the judiciary long term.

The Roberts Court will not go down as an outstanding, fair minded Court as with Chief Justice Earl Warren (1953-1969), and respect for the Court will decline rapidly.

If John Roberts has his scruples, he needs to work behind the scenes to convince Brett Kavanaugh and Amy Coney Barrett to reject the extremist view of Clarence Thomas and Samuel Alito!

By all rights, both men should recuse themselves from the Roe V Wade challenge, as they should never have been allowed on the Court with their extremist views!

Both Thomas, appoinated by George H. W. Bush, and Samuel Alito, appointed by George W. Bush, were and are outside the mainstream of American constitutional law!