Last week, The New York Times published its latest op-ed calling for the end of the Constitution of the United States. The authors, Ryan Doerfler and Samuel Moyn, teach law at Harvard and Yale respectively. They argue that the Left's progress has been stymied by constitutionalism itself. “The idea of constitutionalism,” they correctly write, “is that there needs to be some higher law that is more difficult to change than the rest of the legal order.
Playing to type, Harvard and Yale law professors have taken to the pages of The New York Times to say that we should trash the Constitution. Ryan Doerfler and Samuel Moyn (of Harvard and Yale, respectively) expressed their frustration that the U.S. Supreme Court follows the Constitution’s written text. They would prefer, it seems, an unwritten constitution, like the English have, that would make Congress all-powerful.
The founders deplored the idea of an unfettered federal government ruled only by popular passions. That is why they put in place a system of checks and balances to forestall mob majoritarianism.
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