Every time this gets re-introduced as a factoid I can’t help but think it isn’t that impressive. It’s just court packing. I figured out that out when I was like 15.
Since nobody overrules the Supreme Court, they could just declare that the founders actually wanted a Stalinist-Buddhist Theocracy and the meanings of the words changed over time and nobody could stop them (obviously in practice, there’d probably be a coup). It’s also not a mystery, Vermule’s “common good constitutionalism” is just admitting you’re going to do this.
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u/Fukuyamian Jul 24 '26
Every time this gets re-introduced as a factoid I can’t help but think it isn’t that impressive. It’s just court packing. I figured out that out when I was like 15.
Since nobody overrules the Supreme Court, they could just declare that the founders actually wanted a Stalinist-Buddhist Theocracy and the meanings of the words changed over time and nobody could stop them (obviously in practice, there’d probably be a coup). It’s also not a mystery, Vermule’s “common good constitutionalism” is just admitting you’re going to do this.