I’m not talking about their dismantling of the modern idea of America that we grew up with on “Schoolhouse Rock”, either.
Though that is bad enough.
Most of that stuff is happening on the “shadow docket” where the Supreme Court just makes pronouncements with no argument or justification.
And, yeah, the existence of the “shadow docket” and the decisions they’re making with it are deeply un-American as well; but that’s at least an attempt to hide their disgrace by sneaking it out with no reasoning or even names attached.
It shows that, at least in those cases, they have enough shame to not attach their names to it.
And I’m also not talking about the actual content of the decisions they’re making.
Though that, too, is bad enough.
The first war fought by the United States was to rid itself of the English monarchy.
And the idea of of the newly-created U.S. having a king was publicly debated and rejected at the time.
So this Court’s new “unitary executive” idea and the decisions that have come along with it, which attempt to establish the President as a king-in-all-but-name, are also profoundly un-American.
No, I’m talking about the new “history and tradition” standard they’re trying to establish.
The basic idea appears to be that this Court will consider invalid any law that can’t be traced to some “history and tradition” supporting it. If something wasn’t already established before the Revolutionary War, they’re prepared to reject it.
By claiming that it’s unconstitutional.
This is clearly insane.
By that standard, the Constitution itself is unconstitutional.
Fighting a war against a King and then setting up a constitutional republic to replace the monarchy was a profoundly ahistorical and novel thing to do.
The Constitution itself is full of innovations that weren’t, at the time, historical or traditional.
The very idea of having a Constitution had no history or tradition behind it; the kingdom that the United States defeated to establish itself still doesn’t have one.
The United States was built on rejecting traditions.
That is, if anything is, the one thing that is most fundamentally American.
And this Supreme Court openly opposes it.
They explicitly seek to return us to a time when how things were done in the past meant more than how people actually alive today want to do things now.
And that is completely un-American.
