President Biden: The NEW one and only politics thread

"Originalism!" is about as valid a response to that article as it would be if someone were arguing that Donald Trump's attempts to steal the election were destructive to the country and you sarcastically tried to say dismiss them with, "Originalism!"

That was not two Harvard Law professors reading tea leaves about what Thomas Jefferson was really thinking. It was them pointing out rightly that what we have devolved into is pretty undemocratic, with 5 unelected people reigning supreme over what the people we actually elect now do. We've allowed the three branches of government to keep jockeying for more and more powers that they shouldn't have without pushback, invaliding the separation of powers that was built into our system to protect us all.

In the case of the judiciary, it now de facto functions as a separate unelected legislature that just makes up law based related to a myriad of social issues. When those things should be being legislated by the people we elected. That is how democracy works. The law gets made by the legislature, not the judiciary.

The legislature should get back to what the people in it were elected to do, and as a people we should be trying to put that cat back in the bag to force the judiciary back into the role it was meant to play. But that is difficult to do, because once an institution broadens its powers and gets away with it, they don't give it back easily.