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Ok, but the Constitution doesn't authorize such a parallel government, and it's hard to see what any constitution could do to prevent one. Really, the only way
by gweinberg 2y ago
Ok, but the Constitution doesn't authorize such a parallel government, and it's hard to see what any constitution could do to prevent one. Really, the only way constitutional government can have any chance of working is if a pretty fair percentage of people in power actual care about constitutional government for its own sake. Otherwise they'll just do as seems expedient.
- mindslight 2y agoThe Constitution fails to prohibit parallel government. Obviously, doing so could not prevent wholesale replacement of the Constitution and US government, but it would prevent the current situation where we've got parallel extraconstitutional government while the Constitution is still in legal force and supposed to be defining our rights. Parallel governance could be prohibited through a positive definition of rights applying to any actor that might infringe (similar to say, the prohibitions regarding homicide). This would allow for a straightforward balancing of equity between conflicting rights, rather than the current "axiomatic" approach where any given right tends to be found to apply fully or not at all.