Thursday, May 4, 2017

Balkinization: The further decay of our constitutional order: Reflections on the passage of Trumpcare

Why should California stay in the U.S.?  Nine states have less than 1 million people.  They have 18 members of the United States Senate.  California has two Senators.  Trump lost the state by 30%.  Now he wants to take away federal health care support.
Prominent Constituional law scholar Sanford Levinson suggests that secession is better than civil war....
Balkinization: The further decay of our constitutional order: Reflections on the passage of Trumpcare
by Sanford Levinson (U. of Texas - Austin)
***As always, the key question facing us is “what is to be done” as we realize, more and more, that our political system is a clear and present danger to us all.  I wish I knew, though I continue to find secession a thinkable option (certainly preferable to civil war).  But that is surely the most important question facing us as a country.  We are simply lightyears from the political system that was, more or less accurately, described by John Marshall in McCulloch.  Madison, Hamilton, Jefferson, and Washington were indeed giants who took their role as leaders of the fragile new nation with the utmost seriousness, even if one pays full attention to their more human-all-too-human aspects set out in Michael Klarman’s magnificent study.  We are instead currently governed by people who make Aaron Burr look admirable.  Sad.

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