re: Cruz/Rooney to Dems on Constitutional Amendments: Hold my beer

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What could they have done differently?

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I wish I knew enough to answer this intelligently but I’m not really sure. All I know is when you can be a few judicial appointments away from establishing hate speeech laws as constitutional effectively wiping out the first ammendment, then something’s not functioning correctly. Human interpretation is flawed, and there should be safeguards for when these interpretations, often based on political motivations, are objectively wrong.

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As with most things in this arena, blame congress. They are the body who has created the federal bench, and they are the ones who chose not to rein it in.

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Oh I definitely do. And maybe no document could have completely removed the possibility of tyranny when you are working with a retarded populace that would prefer enslavement so long as it’s comfortable.

ETA: side note, judicial review wasn’t established until years later and people at the time weren’t even sure if it was a real thing. So best thing they could have done is elaborate on the process and limitations of that