To be fair, she's no more abysmally ignorant of the constitution and how this country is structured than her peers
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The Founding Fathers created our country with three distinct parts of government: Legislative, executive, and judicial each with different roles.
The Constitution, which limits and enumerates specific federal government powers and provides that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people;
The Legislative, divided into two parts:
A.The House of Representatives, elected every two years, and thus subject to prompt repudiation by a majority of voters should they offend popular opinion;
B. The Senate, comprised of a higher class of statesmen than the rabble in the House of Representatives (to paraphrase de Tocqueville), appointed by state legislatures to terms of 6 years, so as to temper the fury of the mob, and to allow dispassionate consideration of the issues of the day (changed to direct voting by the 17th Amendment, alas, but perhaps that can be repealed);
The Executive, charged with the faithful execution of laws enacted by the legislative branch, but not creating new ones on its own; and
A Supreme Court, whose role is not to enact legislation, but to review laws passed by the house and the senate and rule on their constitutionality, and the exercise of power by the executive branch.
Since the 1942 decision in Wickard v. Filburn, which expanded the definition of interstate commerce to encompass almost every action by private individuals, liberals have grown used to treating the Supreme Court as just another legislative body, obligated to follow the will of “the people”. So it’s not surprising that they’ve been so outraged by Dobbs, but they’re wrong, and those old dead white men were right, if the goal is to have a republic, and not a mob democracy. That’s a big if.
Peter Heck at Not the Bee has thoughts on this:
Given that [AOC] will soon be a candidate for the highest office in the land, let's just make sure we all understand what she's saying here:
The Supreme Court heard arguments over abortion law that was being challenged in Mississippi.
They considered it in light of the seminal Roe v Wade case.
The Court applied the Constitution to the case and found the Roe v Wade precedent was improperly decided.
In its ruling, the Court overturned Roe's unconstitutional power grab that had usurped the people's authority and had given it to the federal courts.
Now after Dobbs, people have the ability, in their states, to create abortion law.
The Court is thus authoritarian, having "overreached its authority."
Again, notice that AOC is not saying the Roe court overreached its authority by taking a power from people and wielding it themselves. She's saying the Dobbs court (our current court) overreached its power by limiting its power and returning authority to the people in their respective states.
And then there’s fellos squad member, Tlaiba:
…
This – and I feel rather silly having to say this – is precisely how it is supposed to work. The "regulative state" is not constitutional. Voters have no authority or ability to recall or replace bad regulators in the bureaucracy. That's precisely why the Constitution explicitly grants lawmaking power to the one branch that is directly controlled by the people. That just so happens to be the part of the federal government that employs Ms. Cortez and Ms. Tlaib.
So, the unelected branch of government sends an issue to the elected branch of government – the one that has its oversight in the form of elections by the American people. The Court essentially says, "Since you can't vote for bureaucrats, they should not have the power to make laws that you are forced to follow." Progressives like Tlaib call that, "fascism."
The real frustration for so many of these progressives is that they either don't know, or don't care about the proper functioning of American government. Laws were never intended to be made by courts. For years, conservatives warned the left that ruling by judicial fiat was an unconstitutional, and yes undemocratic, way to govern. We warned that there would come a day when the courts would have a new composition that recognized the overreach and set things right.
That day is now here, the left is beside themselves, and their unhinged reactions are quite revealing. If you are truly looking for the budding fascists and tyrants among us, look for the ones lamenting the end of judicial tyranny for starters.
And then don't let them get anywhere near the presidency.
