4 ms·
> How is it a violation of the social contract to advocate for reading the Constitution the same way we read any other written document? This is the wrong ques
by joshuamorton 4y ago
> How is it a violation of the social contract to advocate for reading the Constitution the same way we read any other written document?
This is the wrong question. The constitution doesn't matter. It's deeply flawed (whatever your opinion on the second amendment, that what exactly it means is so deeply up for debate, and has been for 100+ years, goes to show that the document is flawed as a legal instrument!), but not going to change without bloodshed.
People respect the rule of law, have faith in their institutions, because they feel represented and respected and empowered. But the reasons for that faith is eroding as we see that so many of our institutions are biased towards conservatives or conservative demographics. It is increasingly difficult to have faith in a democratic institution that doesn't provide equal representation.
Respect for an institution is conditional! It must be! We should not respect a president who does illegal things just because they are the president, we should impeach them! The same is true of a court, it is not reasonable to to respect it if it fails to act consistently and, to many, the courts rulings are inconsistent. Perhaps they make sense to you, a constitutional lawyer who has two or three degrees and decade of ~indoctrination~ education on this particular subject, but to those normal people out here, a group of 9 (or well 6) of the most elite of the elites (lifetime appointments!) sit in their ivory tower and say "you need private guns to deal with unelected tyrants" (to quote a tweet I saw earlier), while rolling back life-saving policies and threatening others.
On the left, you have to do a huge amount of work to get people to vote, not because they don't care, but because they're so disillusioned by their vote mattering, and that sentiment grows truer and truer!
So why is it a violation of the social contract? Because the social contract is a fair and representative government. It is democracy with checks and balances. The less the government does that, the less people are going to want it. And the problem is that the SC is, or was, in a pretty crappy position: the constitution is flawed and encourages this inequality, but no one's going to change it because people (and here I'll absolutely call you out as an example!) venerate it far too much. And the next amendment will be written in blood. So the court can either let constitutional interpretation live and follow the will of the people, and make them feel represented, or it can not make any attempt to represent the people and only represent the law, and there's some merit in that too, but it's going to foment unrest. So the issue you're facing is that the way you want the court to work fails to respect the people, and so they fail to respect it.