Playing devil's advocate - but the people asked for this, right? Isn't it time to amend the constitution then?
The will of people is the ultimate judge, isn't it?
> Playing devil's advocate - but the people asked for this, right? Isn't it time to amend the constitution then?
> The will of people is the ultimate judge, isn't it?
No, not by sufficient margin.
Even assuming every state would decide this direct question the same way as they did the Presidency this past election, a Constitutional amendment requires ratification by 38 states.
> The will of people is the ultimate judge, isn't it?
Ultimately it has to be, but not always in the moment. The bar to Constitutional amendment is high for a reason.
Honest question: would the margin have been sufficient if the outcome was reversed? Would you be understanding of their position if Republicans had the same feelings and ideas of resistance if roles were reversed?
On the grounds that I'm, y'know, human I will grant that I'd probably find myself filling in the details of where exactly the constitutional lines are drawn somewhat differently in line with my policy preferences, but the question wasn't whether this is within bounds of the Constitution, but whether we ought to (morally) consider the Constitution amended anyway because of the electoral victory. My answer to that will always be no - both because of the numbers and also because the election conflates a bunch of questions where ratification asks just the one question directly.
So this discussion is pretty confusing to me, because the Trump administration objectively does not have the level of support you seem to think they do. Are you saying the incoming administration should get a little amendment as a treat? Are you just not aware of the procedure? Where’s the disconnect here?
I don't really envision a Democratic administration making a similar illegal and unconstitutional flurry of bullshit, but if they did, I would absolutely call them out on it.
There's a process for amending the constitution. If they want to amend the constitution, follow the process. Even if they only follow it once to change the constitutional requirements and reduce the threshold going forward.
We are (theoretically) a nation that is governed by laws, with equal protection for all under those laws. This creates stability and predictability, which encourages commerce and development.
When you go all Calvinball with government, you destroy that stability and predictability, and investment drops.
This is the predictable outcome of the last 50 years of US politics, of the subversion of the rule of law and decency. The southern strategy, the 1994 Newt Gingrich legislative session, the failure of the supreme court to allow recounts in Bush V Gore, the teaparty, september 11th. All of it has only served to entrench and reward conservative opposition to the rule of law.
I used to think that people really just weren’t paying attention to the sort of precedents they’re setting when they do certain things. But the older I get, the more I’m convinced that it’s intentional. Take the dreaded “filibuster” that supposedly prevents congress from anything (except apparently banning Tik Tok). The filibuster in general, and its current form specifically are entirely products of congresses own rules. At any time, congress can decide by simple majority to change the rules of their proceedings and they could do anything from requiring that you actually get on the floor and speak instead of just declaring “filibuster” like some Magic: the Gathering spell. Or they could reduce the vote requirements to override a filibuster. Or they could abolish the thing completely and declare all their laws pass with a simple majority vote. So there must be some reason why they don’t do this, why it’s not the number one agenda item the moment the Democrats get any major it in congress. And the only logical conclusion is the current state of affairs benefits the congressional reps and that’s more important to them than the overall functioning of the system.
2. 49.8% of the popular vote is enough to elect an executive, but not enough to overturn the constitution, which places clear limits on the power of that executive. The more radical the change, the larger the consensus that it requires. In order for the executive to legally receive this power, you need a supermajority of states.
But in a world where the courts and the cops are on your side, nothing needs to be legal anymore.
Yes, but - if you want to review your arguments, it might be still useful.
> But in a world where the courts and the cops are on your side, nothing needs to be legal anymore.
Maybe not legal - but effective it could be. As a recent example, Syria changed the people at power disregarding laws - cops and courts weren't enough to prevent it.
There US state is also far more internally secure than the Syrian state ever was.
There are still laws. But you make a case for "might is right"