Checks and Balances

Did you ever play a game as a kid and one of your siblings suddenly changed the rules because they were losing?

*** Author Note - I may have been both guilty and victim of this ***

That is being recommended to President Biden by TWO University Professors, one a political scientist and one a law professor. The recommendation is that President Biden ignore decisions made by the “out of control MAGA Justices” on the Supreme Court if he disagrees with them. Yes, just like a sibling losing a child’s game, it is being recommended that he simply change the rules.

Mind you, these rules are the foundation of our functioning government. Three pillars of government set in place providing checks and balances to ensure one branch doesn’t gain more power than the others. That’s how it is designed. That’s how it works. You don’t just get to ignore the rules, or change them, if things aren’t going your way.

Over the last couple of decades, there have been numerous attempts to influence the Supreme Court and who sits on it. Most of those have been attempts, although nefarious, within the existing processes. Character assassination, lies, and delays in confirmation have all been used to influence who sits on the bench. The latest discussion, at least before this letter hit the news, was to “pack the court” by adjusting the number of sitting justices. We get it, if you don’t hold the majority then you add people to the bench to change the majority.

At least that would have taken legislation to enact. Also somewhat nefarious, but still working within the existing processes and the other two branches of government would have been allowed to participate.

But this? Recommending the President ignore decisions made by the Supreme Court? This is more than spitting in the face of the rule of law. This is a step to eliminate our government as it currently exists. Checks and balances out the window. No longer three branches of government.

How in the world does a law professor from Harvard and a political scientist from San Francisco State University pen a letter that says this…

“We 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.”

Restrain justices. Gravely mistaken interpretations. If you don’t like how the Supreme Court interprets the Constitution and it doesn’t support your commitments, then just do what you want.

In short; change the rules and fuck the Supreme Court. Interpret the Constitution the way YOU want to.

So, riddle me this Batman…do you make this EXACT SAME recommendation when the party you DON’T support is sitting in the White House? Are you comfortable telling President Trump to simply ignore the Supreme Court? Or is this because your little brother is beating you at basketball in the driveway? Are you that short-sighted? That juvenile?

I didn’t go to anything close to Harvard, although Western Illinois University has one hell of a criminal justice department. I didn’t study political science, although I spent a couple of decades watching and executing international policy and diplomacy because my life depended on it. I am not claiming to be either of these esteemed university professors.

But I do know these two men, with their educational backgrounds, should understand why we need to safeguard our checks and balances.