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marmar

(77,106 posts)
Fri Nov 24, 2023, 10:58 AM Nov 2023

Our unelected monarchy makes a joke of our democracy


Our unelected monarchy makes a joke of our democracy
The Supreme Court can’t be bothered by silly things like a code of ethics or checks and balances

By SABRINA HAAKE
Contributing Writer
PUBLISHED NOVEMBER 24, 2023 9:00AM (EST)


(Salon) The foundational pin holding the American rule of law together is that no man is above it.

....(snip)....

The Supreme Court insulated itself from oversight

Federalists, now a self-proclaimed 6 to 3 majority on the high court, claim adherence to the original intentions of the men who drafted the Constitution, which they tease from a subjectively curated version of history. But no legal scholar has ever seriously questioned whether the drafters intended for the three branches of government they had just created to exist co-equally.By design and text, no branch of federal government- executive, legislative or judicial- was given primacy over another. The powers of each were carefully delineated in the Constitution’s structural components, Articles I, II, and III, which wove an ingenious system of checks and balances among the three.

And yet, today’s “originalist” court rejects the drafters’ original intent to structure co-equal branches of government into perpetuity, by claiming that it stands above and alone. Justice Alito, basking in the largess of guns and big oil, claims Congress is powerless to impose ethics on the Supreme Court. The embarrassing new code of conduct they drafted concurs.

....(snip)....

An aspirational Code of Conduct has no teeth

One of the most glaring deficits of the Court’s new code is its lack of enforcement. Instead of mandating, directing, or using the word “shall,” the code grovels before its own authors, flattering them with meek suggestions that justices “should,” “should not” and might “endeavor to” act in certain ways. .................(more)

https://www.salon.com/2023/11/24/our-unelected-monarchy-makes-a-joke-of-our-democracy/




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