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Victor C. Bolles

This Is How They Think



Here is another odd tidbit I stumbled across on the Internet. A couple of looney college professors have issued an open letter to President Joe Biden exhorting him to apply Popular Constitutionalism in his administration of progressive justice to counteract recent unprogressive decisions of the Supreme Court. In the open letter Harvard Law Professor Mark Tushnet along with San Francisco State University political science professor Aaron Belkin urge President Biden to “restrain MAGA justices immediately by announcing that if and when they issue rulings that are based on gravely mistaken interpretations of the Constitution that undermine our most fundamental commitments, the Administration will be guided by its own constitutional interpretations.” In other words, they think that President Biden should ignore the Supreme Court and just do what he thinks is right (or what he is told to think is right).


The professors go on saying that, “The central tenet of the solution that we recommend—Popular Constitutionalism—is that courts do not exercise exclusive authority over constitutional meaning. In practice, a President who disagrees with a court’s interpretation of the Constitution should offer and then follow an alternative interpretation.” And further, “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 essence, what they are saying is that the executive branch should ignore both of the other supposedly co-equal branches of government as established in the US Constitution and govern as a virtual dictator to impose a woke agenda on all of America. This is as grave a threat to American democracy as the January 6thInsurrection. Perhaps even worse since it is less overt and more insidious.


Like all progressives, they try to rebrand their policies to make them sound benign or even beneficial, such as changing abortion to a woman’s right to choose or racial preferences into affirmative action. But Popular constitutionalism is neither popular nor constitutional. Many of their policies are unpopular. And constitutions are created to limit the power of government which is clearly not the intent of these professors.


I do not know how much traction this open letter is getting. Most of the comments about this letter have come from the right and are unanimous in the condemnation of what the professors propose. Left-wing outlets have been as quiet about this open letter as they are about the looming Biden Family bribery scandal. Perhaps the progressives do not know how to deal with such a blatant exposure of their true intentions.


But the letter does give us a peek into the thinking of the left. They see the Constitution as an impediment to the implementation of their woke agenda. They claim that the popular will as expressed by so-called Popular Constitutionalism would not have overturned Roe v. Wade because it was supported by a majority of Americans. But they also advise President Biden to ignore the Court’s ruling on affirmative action even though racial preferences are thoroughly rejected by the majority – even a majority of voters in the bluest of all states -California.


Actual popular support is irrelevant to them. Our progressive professors believe that they know what the people should believe if only they understood things as well as they do. President Obama was famous for his patronizing attitude. The news outlet Politico reported him as saying that what he’s got is a public relations problem caused by people who just don’t understand what’s good for them. This attitude has continued during the Biden administration. If only you understood you would support them and their policies. Too bad you’re just too dumb to understand what’s good for you.


Progressives have an inflated sense, not only of their intellectual superiority, but also of their moral superiority. They are all college professors, university administrators, school board members. And their moral superiority comes from their Marxist training which our universities are getting very proficient at. Not only are they all super-educated and morally superior, they are also the ones that control what is taught our children and grandchildren.


The democracy they are pushing only works one way. The open letter clearly shows their intent. They want Joe Biden to have the type of power that Hugo Chavez had, that Stalin had, that Mao had. Whether it is a gentle nudge or a tyrannical ultimatum, you will do what they say. After all, it’s for your own good.

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