Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Leftist Law Professors Openly Call for Biden to Go Full Tyrant and Defy the Constitution and SCOTUS
Red State ^ | | 12:00 PM on July 23, 2023 | Jim Thompson

Posted on 07/24/2023 5:07:09 AM PDT by Red Badger

Beginning in the 1820s, Georgia began a campaign to exterminate the Cherokee Nation by force and removal. The state annexed Cherokee land, and Georgia led the way in pressuring Congress to pass the Indian Removal Act.

A minister by the name of Samuel Worcester was ministering on Cherokee land. Georgia eventually passed laws that made it “illegal” for whites to live on Cherokee land and extended Georgia’s territory into Cherokee land. Worcester didn’t leave. He and others were arrested by Georgia “police” and sentenced to four years of hard labor.

He appealed his sentence, and the US Supreme Court struck down Georgia’s extension laws in Worchester v Georgia.

Writing for the majority, John Marshall opined that the Indian nations were “distinct, independent political communities retaining their original natural rights.” Marshall declared that the Cherokee were a nation inside the nation and that treaties were signed protecting those rights. Marshall said that the Cherokee had the right to live where they chose.

But President Jackson disagreed. Urban myth has Jackson saying: “John Marshall has made his decision; now let him enforce it.” What he actually said was just as tyrannical: “The decision of the supreme court has fell stillborn, and they find that it cannot coerce Georgia to yield to its mandate.”

By refusing to enforce what the Supreme Court found unconstitutional, Jackson was the first president to act as a proxy king. He refused to abide by a Supreme Court decision.

In an op/ed published in The Hill on Saturday, Jonathan Turley has again raised his voice to point out that if the left got its way, we would be in the grips of tyranny. We are creeping dangerously close to witnessing a president acting as a proxy king and, like Jackson did 185 years ago, simply ignoring the court and refusing to enforce the constitution he swore to protect and defend. Turley writes:

In a recent open letter, Harvard law professor Mark Tushnet and San Francisco State University political scientist Aaron Belkin called upon President Joe Biden to defy rulings of the Supreme Court that he considers “mistaken” in the name of “popular constitutionalism.” Thus, in light of the court’s bar on the use of race in college admissions, they argue that Biden should just continue to follow his own constitutional interpretation.

The use of the affirmative action case is ironic, since polls have consistently shown that the majority of the public does not support the use of race in college admissions. Indeed, even in the most liberal states, such as California, voters have repeatedly rejected affirmative action in college admissions. Polls further show that a majority support the Supreme Court’s recent decisions.

America cannot function unless the three branches of government operate as they were intended. Congress passes laws, and if they comport to constitutional mandate, they are enforced by the executive branch. If they are not constitutional, the Supreme Court must strike down those laws, and the executive branch is mandated to abide by those decisions. What the president cannot do is simply act as a proxy king and ignore the Supreme Court.

Yet, here we are. That is what men like Tushnet and Belkin want and why they are dangerous. It isn’t just their opinions that are dangerous; it is their wacky call for tyranny to go mainstream and be disseminated and taught to others as an acceptable means to an end. Less than three years ago, Donald Trump was president, and men like Tushnet and Belkin were calling Trump a tyrant. Yet they clamor for a president they “like” to act as one, to be a dictator without a moment of reflection. If a modern president acts like Andrew Jackson and simply ignores the court and, thus, the Constitution, we would no longer be a republic; we would be ruled by a tyrant.

But Biden has already done that. Turley illustrated how Biden has already ignored the Supreme Court and ignored the advice of legal experts. He searched for and found a palace court jester willing to tell him what he wanted to hear.

America is on the edge of a cliff. We are in an actual constitutional crisis. One caused by a cabal of palace partisans who want to abandon the Constitution, but only when it suits them. They have told a doddering would-be king what he wants to hear, and he has listened.

Turley closed with:

This is what Tushnet has advocated in “taking the Constitution away from the courts.” Once the courts are removed from constitutionalism, however, we will be left where we began centuries ago: with the fleeting satisfaction of popular justice.

And tyranny.


TOPICS: Constitution/Conservatism; Crime/Corruption; Front Page News; Government; Politics/Elections
KEYWORDS: andrewjackson; belkin; cherokee; georgia; indianremovalact; johnmarshall; proxyking; sanfranciscostate; supremecourt; tushnet; worchestervgeorgia
Navigation: use the links below to view more comments.
first 1-2021-4041-44 next last

1 posted on 07/24/2023 5:07:09 AM PDT by Red Badger
[ Post Reply | Private Reply | View Replies]

To: Red Badger

I’m with the lefties here; if they are ignoring laws, and so should the Right.


2 posted on 07/24/2023 5:09:43 AM PDT by JonPreston ( ✌ ☮️ )
[ Post Reply | Private Reply | To 1 | View Replies]

To: JonPreston

WHOEVER IGNORES THE LAWS FIRST WILL NOT ALLOW THERE TO BE ANOTHER.................


3 posted on 07/24/2023 5:10:47 AM PDT by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Red Badger

I guess that these people have not been paying even scant attention. I can’t think of a single example of Biden doing anything in compliance with the Constitution or any Supreme Court decision.


4 posted on 07/24/2023 5:12:03 AM PDT by Howie66 ("Biden-Fetterman 2024. It's A No Brainer")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Badger

Hmm. One could conclude that the requirement in the sworn oath to support and defend the Constitution means nothing.


5 posted on 07/24/2023 5:19:49 AM PDT by Real Cynic No More (Things are fraying my nerves!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Badger

Andrew Jackson was a tyrant. His pictures and statues should be officially destroyed.


6 posted on 07/24/2023 5:22:23 AM PDT by nagant (`)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Badger

Yes, and 3/4’s of the Republican Senators don’t see a problem with this and over half of the Republican Congressmen and women are happy with being ruled by a tyrant.

We are indeed on the edge of no return.


7 posted on 07/24/2023 5:26:50 AM PDT by Colo9250 ( )
[ Post Reply | Private Reply | To 1 | View Replies]

To: nagant

He owned about 150 Slaves on his plantation in Tennessee.

According to the Left, he should be ‘cancelled’....................


8 posted on 07/24/2023 5:27:02 AM PDT by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Colo9250
We are indeed on the edge of no return.

Yes, but on which side?.................

9 posted on 07/24/2023 5:27:52 AM PDT by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
[ Post Reply | Private Reply | To 7 | View Replies]

To: nagant

He was the first democrat party president.

Enough said...


10 posted on 07/24/2023 5:29:23 AM PDT by Alas Babylon! (Repeal the Patriot Act; Abolish the DHS; reform FBI top to bottom!)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Red Badger

Andrew Jackson: Father of the Democrat Party of Slavery


11 posted on 07/24/2023 5:31:14 AM PDT by Jan_Sobieski (Sanctification)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Badger

I don’t even have to look him up. Guaranteed Mark Tushnet is a subversive/degenerate talmudic jew.


12 posted on 07/24/2023 5:33:20 AM PDT by I got the rope
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Badger

interesting how few on the left understand this road easily goes both ways “All roads go two ways...even a one way” L.Star


13 posted on 07/24/2023 5:38:24 AM PDT by Qwapisking ("IF the Second goes first the First goes second" L.Star )
[ Post Reply | Private Reply | To 1 | View Replies]

To: nagant

Not just Jackson. His successor Van Buren is who oversaw the removal.


14 posted on 07/24/2023 5:39:25 AM PDT by AuntB (Trump is our Ben Franklin - Brilliant, Boisterous, Brave and ALL AMERICAN!)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Jan_Sobieski

“Andrew Jackson: Father of the Democrat Party of Slavery”

That is an interesting comment.

George Washington was not a Democrat but I am curious about your evaluation of him.


15 posted on 07/24/2023 5:43:23 AM PDT by jeffersondem
[ Post Reply | Private Reply | To 11 | View Replies]

To: jeffersondem

Washington was born into the slavery culture. Being an activist would have been unbecoming. However It’s clear from historical documents that Washington took a firm stance against slavery as he increased in age. Jackson, OTOH created a political party to defend and enshrine the institution of slavery.


16 posted on 07/24/2023 6:06:04 AM PDT by Jan_Sobieski (Sanctification)
[ Post Reply | Private Reply | To 15 | View Replies]

To: Red Badger

Just like an African Dictator


17 posted on 07/24/2023 6:12:35 AM PDT by butlerweave
[ Post Reply | Private Reply | To 1 | View Replies]

To: JonPreston

2nd amendment ping article.


18 posted on 07/24/2023 6:19:07 AM PDT by joma89 (Buy weapons and ammo, folks, and have the will to use them.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: AuntB; LS

Larry Schwekart Twitter Thread

1) BACK TO BASICS

There are so many of you who are new followers that you probably haven't seen a lot of my longer screeds that explain some of my positions. So I'd like to take a moment this morning to review.

2) Basic 1:

Why? 

As explained in my "Seven Events that Made America" & in "Patriot's History of the US," in 1820 Martin Van Burn, state congressman from NY, was jolted (as was Jefferson) by passage of the Missouri Compromise.

 

3)This concerned him because he thought it meant civil war. His reasoning: the MC set an imaginary line (34/30) at the bottom of Missouri: any new state entering the Union ABOVE that line MUST be free (virtually all). At the time, Dakotas, MN, IA, NE, KS, ID, WY, MT, CO. 

4) To MVB, this meant that very soon, the free states could vote slavery out of existence. He knew the South wouldn't tolerate that. War would follow.

5) His solution was brilliant & horrific & affects us to this day.

6) Create a new political party. 

7) This new party HAD to somehow attract anti-slave northerners or "don't care" northerners as well as southerners. How?

8) Bribe them. Give them jobs--party jobs, gubment jobs (local, state, fed)--in return for getting out the vote for the party. 

9) The better you were at getting out the vote, the higher you rose in the job/$ structure.

10) This ENSURED gubment at all levels would grow steadily from then on. Always.

11) But there was a little more to his scheme. 

12) They party MUST preserve & protect slavery. Remember, an attack on slavery meant civil war.

13) So--review--MVB set up a new political party called the DemoKKKrats to PROTECT AND PRESERVE SLAVERY.

14) A Guy named Jesus said you can't get good fruit from a bad tree. 

15) That's why, ultimately, there can be no "good DemoKKKrats." They are ALL from a "bad tree" of slavery.

16) But MVB still needed more to prevent a war. STATES had to supercede the federal gubment. ("States' rights"). Always remember, the phrase "states rights" . . . 

. . . whatever it means later, in THAT day meant "states' rights to have slavery." That's ALL it meant. Don't give me garbage about the "tariff." That was a facade for opposition to emancipation.

17) Last, MVB needed the presidency. 

18) This is where it got a little tricky. He knew no southern slaveholder as of 1821 would ever again be elected president. But "westerners" (such as Andy Jackson or Harrison or Polk) were acceptable, deemed "free" of slavery (even though all had owned slaves at one time). 

19) The other option than a westerner was a northerner who would support slavery by inaction. As one historian put it, "a northern man of southern principles."

20) Armed with the new "spoils system" of paying people to get out the vote, DemoKKKrats dominated til 1860. 

They did have opposition after 1830--a RINO-type party called the Whigs. What was interesting about the Whigs was that they like the modern RINOs wanted to avoid the "big issues" (abortion now, slavery then). So they never took a stand on slavery. "Do what you want." 

21) Not surprisingly, we only had two Whig presidents (Harrison & Taylor). Both died in office. Neither did a damned thing before they died. EXCEPT . . .

22) Did I mention that the "spoils system" caused gubment to grow? Even with one party? Now you have two. 

23) What did you have to do to get elected? Give away jobs. Except now you have two parties COMPETING to give away jobs.

24) Gubment growth accelerated, even under so-called "small gubment" guys like Jackson. Couldn't help it. It's called the "Spoils System" or patronage. 

25) So beginning with MVB gubment grows & gets more power with every election but slavery appears safe cuz you have a westerner (Harrison, Polk, Jackson) or a "northern man of southern principles" (no dealing w slavery) every election (Taylor, Pierce, MVB, Fillmore, Buchanan) 

26) They do flip flops to avoid touching slavery.

27) And DemoKKKrats had the Supreme Court since 1836.

28) The infamous Roger Taney, Chief Justice from MD, rendered the worst decision in American history prior to Roe,Dred Scott.

29) THAT decision caused the Panic of 1857. 

30) Meanwhile in 1855 you got a new party, one that for the first time ever took up the issue of slavery. Admittedly, it was only slavery in the territories--I'll explain in another thread why that was critically important--but they did take up the issue. 

31) Right out of the box, a party that stood for freedom nearly won the election of 1856. They needed only 3 states.

32) Then came the thunderbolt. In 1860, Abraham Lincoln, a Republican--a NORTHERN MAN OF NORTHERN PRINCIPLES--won. Guess what he now headed? 

33) This big, powerful gubment that had grown steadily for 30 years--but nobody noticed cuz it was in the "right hands."

34) Uh oh. Now it's in the "wrong" hands.

35) If this sounds familiar, this is EXACTLY what happened in 2016 when the . . . 

. . . massive, spoils-driven, RINO/DemoKKKrat gubment that had controlled things since Reagan fell into the hands of one


19 posted on 07/24/2023 6:34:01 AM PDT by Bratch
[ Post Reply | Private Reply | To 14 | View Replies]

To: Red Badger

They have to go all in for preserving Affirmative Action, because without it, the left knows it will slowly lose its grip on the institutions and corporations.


20 posted on 07/24/2023 6:38:38 AM PDT by Boogieman
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-44 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson