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friendly_iconoclast

(15,333 posts)
Tue Oct 27, 2020, 06:04 PM Oct 2020

The Founders explicitly stated that it is our *duty* to pack the Supreme Court...

...or eliminate the Electoral College, or end the lifetime appointment of justices (if a majority sees fit to do these things).

"What? Where did they say that?", you might well ask-
In the preamble to the Declaration of Independence:

https://www.archives.gov/founding-docs/declaration-transcript


..."We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. 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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The Founders explicitly stated that it is our *duty* to pack the Supreme Court... (Original Post) friendly_iconoclast Oct 2020 OP
or as Marie Kondo did not say DBoon Oct 2020 #1
McConnell has already packed the courts. SharonClark Oct 2020 #2
Totally agree DonaldsRump Oct 2020 #3
I disagee-I'm too PO'd to euphemize the issue, and I doubt that I'm alone in this feeling friendly_iconoclast Oct 2020 #4
Well, not really. former9thward Oct 2020 #5
It was a philosophical response to 'originalist' horsehit friendly_iconoclast Oct 2020 #6
You are absolutely right. former9thward Oct 2020 #7

SharonClark

(10,014 posts)
2. McConnell has already packed the courts.
Tue Oct 27, 2020, 06:18 PM
Oct 2020

Democrats, on the other hand, may reform the courts. Choice of words matter.

DonaldsRump

(7,715 posts)
3. Totally agree
Tue Oct 27, 2020, 06:24 PM
Oct 2020

It is the Republicans that have packed the courts (the entire federal judiciary) since 2015.

Our folks will reform it. Joe's idea of a commission was brilliant. It pretty much killed the "court packing" nonsense and left it wide open for our folks to make these reforms when they are in a position to do so.

Words do matter, and we should NEVER state we are packing anything. We are remediating what the Republicans destroyed with raw power and an unbelievable lack of concern for anything else including, without limitation, the pandemic.

Never let the American people forget this.

 

friendly_iconoclast

(15,333 posts)
4. I disagee-I'm too PO'd to euphemize the issue, and I doubt that I'm alone in this feeling
Tue Oct 27, 2020, 06:44 PM
Oct 2020

For years, Dems have too often ''expected the debate team to win a bar brawl"

When we channel our inner FDR, our Harry S Truman, our Shirley Chisolm, we win.

former9thward

(32,068 posts)
5. Well, not really.
Tue Oct 27, 2020, 07:03 PM
Oct 2020

What you have suggested are reforms to an existing government. The Declaration was a statement calling for the violent overthrow of an existing government ---and nothing in it about a "majority seeing fit". The revolutionaries were a clear minority at the time.

The founders specifically did not put any of the Declaration into their new Constitution. Any changes that are made must be made within the constraints of the Constitution.

 

friendly_iconoclast

(15,333 posts)
6. It was a philosophical response to 'originalist' horsehit
Tue Oct 27, 2020, 07:21 PM
Oct 2020

I'd still point out that the # of SC justices is not fixed in the Constitution, and would only depend on Senate approval
of any proposed candidate.

You do have a point about my last two examples-eliminating lifetime appointments and/or altering the Electoral College would indeed require Constitutional amendments

former9thward

(32,068 posts)
7. You are absolutely right.
Tue Oct 27, 2020, 07:27 PM
Oct 2020

The number can be changed with legislation in Congress.

The only issue is public perception. When FDR tried it the blowback was so great he lost the 1938 mid term elections and until he died his domestic priorities were stopped in their tracks by Republicans and southern Democrats.

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