Meister Käßner
2 min readSep 23, 2020

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Maybe the original sin was crafting a constitution that was designed to be strong enough for elites to exercise control but diffuse enough so that they could always suppress the popular will.

Conservatives still scream about the time when Robert Bork was defeated and them being forced to endure Anthony Kennedy on the courts.

Eisenhower said that appointing Earl Warren to the court was the worst mistake he made as president, while suggesting that he lacked the power to address segregated schools.

FDR tried packing the courts and issued constitutionally questionable executive orders to intern Japanese Americans.

The party in power wants a strong executive, a pliant legislature, and cooperative courts.

The party out of power wants the courts to cripple the actions of the party in power.

The fundamental problem for Republicans is that Justices, by definition, are highly educated elites. They are bound by precedent and the Constitution. They have friends, children, and grandchildren.

Their views evolve as well. Judicial interpretation is either a living and breathing process or the document and the government based upon it dies.

William Buckley famously described Conservatives as wanting to stand in the road and yell "Stop!" Ironically, that is exactly what the Black Lives Matter protesters have been shouting. "Stop killing unarmed black people." "Stop assuming we are criminals."

Republicans used to agree with the doctrine that "Power corrupts and absolute power corrupts absolutely." Now they only believe that power wielded by Democrats and Liberals corrupts. When will they remember that continually acting against the expressed will of the American people is destructive of our country?

If Trump wants us to reemphasize the history of 1776 then he should remember that history and declarations of independence are two edged swords. He may have forgotten the most important right declared by the founders: the right to revolution.

"Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.

But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."

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Meister Käßner
Meister Käßner

Written by Meister Käßner

I have been reflecting and writing about the stories, people, and places Northwest of Boston for thirty-five years. I also teach history and manage forest land.

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