2/2: Bestof2022: Yes, is the response: #Constitution: #SCOTUS: Is the Constitution adequate for these troubled days? Richard Epstein, Hoover Institution (Originally posted September 2, 2022)
The John Batchelor Show
John Batchelor
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🗓️ 18 February 2023
⏱️ 10 minutes
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2/2: Bestof2022: Yes, is the response: #Constitution: #SCOTUS: Is the Constitution adequate for these troubled days? Richard Epstein, Hoover Institution (Originally posted September 2, 2022)
https://www.hoover.org/research/stable-constitution-unstable-times
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| 0:56.0 | I summarized the dissenting quickly. |
| 1:00.0 | The dissenters would like more judges on the Supreme Court. |
| 1:04.0 | The dissenters would like new states formed out of old states. |
| 1:08.0 | They would, the dissenters speak of abolishing their electrocology. |
| 1:12.0 | And the dissenters speak of shifting power to the elected away from the appointed. |
| 1:17.0 | Professor, does all this add up to a criticism of federalism? |
| 1:21.0 | Is that what is the disturbing aspect? |
| 1:23.0 | No, I think it's a criticism of conservative Americans. |
| 1:27.0 | This is all prompted not by any abstract philosophical concern. |
| 1:31.0 | I think more than anything else, some of the decisions in the recent term at the Supreme Court have galvanized the progressive movement to say that we can't win under the current system. |
| 1:40.0 | We know we're right on the substance, so we have to change everything from structure. |
| 1:44.0 | Obviously, the biggest case on this is DOBS, which overturned the decision in Roe v. Wade, having to do with a constitutional right of abortion. |
| 1:52.0 | But there are other cases, including the case which sort of allowed, in this case, probably on majorities. |
| 1:58.0 | Not to prohibit proper majorities from regulating gun use. |
| 2:02.0 | And then there was also this key case about West Virginia having to do with the size of the administrator's state, where the conservative court essentially kept the wings of the president. |
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