General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsTwo times the American people overruled the Supreme Court
The first time was the infamous Dred Scott decision. It was an outrageous decision. It wasn't just about slavery being legal in slave states. It also said that Congress could not prohibit slavery in the territories, declared the Missouri Compromise illegal, and took away citizenship from African Americans in free states. That is, the goal was to make slavery legal EVERYWHERE. People were outraged. It led directly to the Republican takeover of Congress in 1858 and Lincoln's victory in 1860.
The Second time was during the New Deal. In Roosevelt's first term, the Supreme Court struck down many New Deal programs as unconstitutional. Roosevelt complained that the nation was being held back by "nine old men." The Democrats won a resounding victory in 1936. Not only was Roosevelt re-elected, they gained 12 seats in the House and 5 seats in the Senate, extending their already huge advantage. Shortly after this victory, The Supreme Court upheld a state minimum wage law, something they had decided against less than a year earlier. Both decisions were 5-4. Justice Owen Roberts had switched sides, and he would continue to side with the liberals in future New Deal cases. Memoirs of both Justice Roberts and Chief Justice Charles Evans Hughes stated that they both took on a more liberal view in response to the popular vote.
On Edit: After a few comments, I add this. Both times the American people won looked very different from each other. I don't think we are headed for civil war and I don't think any conservative justice will switch sides. So if it happens a third time, it will probably look very different. Perhaps it will be by court packing after 2020. Roosevelt tried that and failed in 1937, but as he himself said, "he lost the battle but won the war."
#BlueWave2018
#BlueWave2020
#GOTV
TheRealNorth
(9,625 posts)But it takes is 67 Senators to impeach.
marylandblue
(12,344 posts)But I do think there will be a blue wave in November, and a new Roosevelt in 2020.
TheRealNorth
(9,625 posts)to infer it will happen in 2018. I don't even know if it is possible in 20 years. With so many low-population red states that are 60% Republican, the Dem's would have to run the table and win in states like Arizona, South Carolina, and Georgia.
unblock
(53,857 posts)The problem is not remotely limited to Donnie. Foxnews, hate radio, enabling msm, huge money in politics, Russian interference, gerrymandering, disenfranchisement, unverifiable voting machines, etc.
The result is a thoroughly corrupt Republican Party. All republican leaders are supporting Donnie, or at the least not standMdingbin his way. Get rid of Donnie, and can anyone seriously pretend the next republican president will be remotely reasonable?
A *lot* needs to happen to restore our democracy. Donnie is just the tip of the iceberg.
unblock
(53,857 posts)They operate in open contempt of the majority.
Whatever gains we get, they will just look for ways around it. They will continue to demonize us. And they will cheat harder next time.
marylandblue
(12,344 posts)But it won't look like last time.
BigmanPigman
(52,129 posts)SWBTATTReg
(23,503 posts)tax law of 2018, they wrote and passed it for their donors, not us.
Thus, the donors of the repug party will need to be held accountable, in full.