Brown Professor Joins Counter-Constitutional Movement – JONATHAN TURLEY

We have been discussing a slew of books by academics denouncing the Constitution or individual rights as a threat to democracy. The latest is Brown University Political Science Professor Corey Brettschneiderm who is warning about the “dangers of the Constitution.” It is all part of a counter-constitutional movement that is telling citizens to fear the very documents that have protected their freedoms for centuries.Brettschneider explained to the Brown Daily Herald that the constitution is not only a danger to us all, but “the traditional checks and balances don’t work, and that impeachment and the Supreme Court have failed to check rogue presidents.”He warned that “it could be that we’re at the moment where American democracy doesn’t survive.”The reason appears in large part Trump. Like many, Brettschneider brushes over the fact that the system has worked as designed, including after the Jan. 6th riot. Instead, the book’s pitch pushes all of the anxiety buttons: “Imagine an American president who imprisoned critics, promoted white supremacy, and sought to undermine the law to commit crimes without consequence.”However, it is not just Trump but our Constitution that is threatening our democracy. While others have called the Constitution “trash” in their books, Brettschneider is a bit more circumspect and simply calls the Constitution a “dangerous document.”The book is now part of a growing library of books and columns attacking the Constitution. As discussed earlier, law professors have led this effort. For example, in a New York Times column, “The Constitution Is Broken and Should Not Be Reclaimed,” law professors Ryan D. Doerfler of Harvard and Samuel Moyn of Yale called for the Constitution to be “radically altered” to “reclaim America from constitutionalism.”

Other professors have called for amending the First Amendment and have attacked free speech as a danger. In my book, “The Indispensable Right: Free Speech in an Age of Rage,” I discuss how difficult it is to get a free people to give up freedoms. They have to be afraid, very afraid.

The United States Constitution is the oldest and most successful Constitution in history. It has survived crises that have destroyed other nations. Yet, we are a people who have not experienced true tyranny.  We can lose our appreciation for how fortunate we are to have this system and the stability that it has afforded this country.

In challenging constitutional values like the system of checks and balances, these academics are seeking to strip away the very elements that have forced compromise and moderation throughout our history. It is the very genius of James Madison that allowed the most pluralistic nation on Earth to govern as one.

The post-constitutional world that they describe is no doubt attractive to many. It promises more immediate gains from raw political power. However, it would endanger all rights by reducing the guardrails that have served us so well for centuries.

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. He is the author of “The Indispensable Right: Free Speech in an Age of Rage” (Simon & Schuster).

 

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