I constantly see that the current US Supreme Court makes inconstitucional rulings like for example, allowing racial profiling.

For what little I’ve gathered due to separation of powers. The supreme court is just a designated authority. Why hasn’t there been any movement that just aims to de-legitimize the current supreme Court?

Why can’t a judge say “I denounce the Supreme courts authority for their failing to uphold the spirit of the law and now I shall follow this other courts rulings”?

  • themeatbridge@lemmy.world
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    23 hours ago

    There’s a process within the law, and there’s a process where we replace the current law with something else. Within the law, we can vote for representatives who will impeach the current corrupt justices and approve new ones who are hopefully not corrupt. Let’s call that option A.

    Option B is the total overthrow of the government, which is ridiculous to even consider, but it’s the alternative you’re hinting at. Denouncing the SCOTUS doesn’t change the ruling government in any way. Society is built on the idea that we all more or less agree to be ruled in exchange for fair rules and national defense. In a democracy, you have the appearance of agency, but you cannot simply withdraw consent to be ruled. The difference between democracy and fascism is that fascism explicitly defines violence as the means of control, while democracy merely implies that violence will be used to keep order. Once a democratically elected ruler decides to become fascist, there is no remedy but violence.

    To wit, those who make peaceful revolution impossible make violent revolution inevitable.

    That said, I do not think we’re quite there yet. I have no doubt Trump will try to go all in to remain in power, but I don’t think he actually has enough followers to pull it off.

    But that still leaves the corrupt justices on the bench. We need to focus on elections for representatives willing to impeach corrupt justices. If you think that process is too slow, consider that a violent revolution would probably take decades of bloodshed, and there’s no guarantee we don’t get some other despot as a result. Violence is not the answer to this question.

    • BussyGyatt@feddit.org
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      22 hours ago

      you cannot simply withdraw consent to be ruled.

      y’know, the people who rule me have always said that, but recently i’m not so sure…

      • themeatbridge@lemmy.world
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        22 hours ago

        Well that’s the trick, isn’t it? The people who rule presume consent, but what they are really expecting is compliance. Your compliance is presumed consent. You can revoke your compliance any time you like, but the rulers will respond to noncompliance with force.

        • BussyGyatt@feddit.org
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          22 hours ago

          One way to think of punishments for crimes is as a deterrent. Another is to think of them as prices to pay for the right to break the law. You’ll be tempted to interpret this as non-sequitur.

      • UnderpantsWeevil@lemmy.world
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        22 hours ago

        You can withdraw your consent to be ruled and state officials can press their claims.

        Then the question is “Who wins?”

        I would ask the good people of Palestine how that goes.

        • hector@lemmy.today
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          22 hours ago

          Not a fair comparison. Palestinians are holed up into ghettos, everything in or out controlled and overwhelming indiscriminate force being applied at any provokation real or constructed by the state or their paramilitary settlers.

          Consent does not play into palestine’s sityation anymore than it did with rezidents of the warsaw ghetto.

          • UnderpantsWeevil@lemmy.world
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            21 hours ago

            Palestinians are holed up into ghettos, everything in or out controlled and overwhelming indiscriminate force being applied at any provokation real or constructed by the state or their paramilitary settlers.

            They’re farther down the rabbit hole than we are. But we’re all moving in the same direction.

        • BussyGyatt@feddit.org
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          22 hours ago

          It’s the kind of thing that’s worth doing regardless of the probability of success. I also don’t think much of the comparison between palestine and america.

          • UnderpantsWeevil@lemmy.world
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            22 hours ago

            It’s the kind of thing that’s worth doing regardless of the probability of success

            I strongly disagree. What you’re proposing is either a toothless protest that gets a whole lot of people arrested, assaulted, and killed. Or a militant insurgency that gets even more people killed.

            I also don’t think much of the comparison between palestine and america

            ADL’s US-Israel Police Exchanges Militarize the Police

            • BussyGyatt@feddit.org
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              22 hours ago

              yeah, well, the problem is I think that not forming some sort of effective resistance constitutes complicity. i’d rather be damned for what I do than what I didn’t do, personally.

              • UnderpantsWeevil@lemmy.world
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                21 hours ago

                I think that not forming some sort of effective resistance constitutes complicity

                To some degree, sure. But then you might as well say the same of Ukrainians living in occupied Russian territory. “Oh, you should have just fought harder” is more a cavalier one-liner than a political perspective.

                I think we’re witnessing a certain amount of survivorship bias. The folks who are “complicit” are often just the people remaining after rebellious groups were quashed or driven away.

                • BussyGyatt@feddit.org
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                  21 hours ago

                  “Oh, you should have just fought harder” is more a cavalier one-liner than a political perspective.

                  that’s a hard point i’ll give you that one, that’s a stumper. it’s a bit of a caricature, but it’s also a reasonable reflection of my position. i really do think people need to stand up and fight but i’ll be goddamned if I know what that even begins to look like here, let alone how to tell people to start laying down their lives for a cause.