Frustrated, threatened, and indignant, my how the dogs of the Administrative State do howl.
Cries of “Pack the court, now! Toss the Constitution!” echo through the laptops and concrete canyons of the land of the woke, the home of the craven. From sea to shining sea.
“Ditch the Constitution and Start Over!” “How to Discipline a Rogue Supreme Court”. “Can Democrats Expand the Supreme Court and How Likely Is it?”. “Congressional climate hawks demand action after ‘alarming’ Supreme Court decision.” “Hate the Supreme Court? Our problems actually start with the Constitution”. “POWER, NOT REASON”: THE FALL OF ROE AND THE RISE OF REPUBLICAN ORTHODOXY AT THE SUPREME COURT. The conservative majority of the court did away with a half century of American law simply because they can—and regardless of the will of the majority of Americans.”
What’s going on here?
There are many possible hypotheses for why suddenly it has become acceptable in media and congress to advocate for jettisoning the US Constitution or packing the Supreme court because of a ruling that they find disagreeable. In the current climate of wokeness and hypersensitivity about voicing anything that might offend another, one would think that advocating for treason against the foundation of the United States government would be worthy of censorship, gaslighting, derision, and defamation. If there was ever anything which was considered spreading mal-information of sufficient threat to justify the term “domestic terrorism”, it would be threatening the Supreme Court (and justices, and their wives), the US Senate and the Constitution. That would certainly seem to be a greater threat to the nation than discussing the merits of early treatment of COVID-19, or raising concerns about the safety of a novel genetic vaccine technology. But note the one branch of government not subject to criticism, the executive branch; creature of the entrenched Administrative State, captive to the Senior Executive Service. Move on, nothing to see here.
It is important to remember that current debates and decisions from the Supreme Court could (and I sincerely hope will) contribute some constitutionally informed limits on the power, discretion, and independence of unelected administrators- limits on the Administrative State and the power of the Senior Executive Service, which unelected body is really what controls the levers of the United States Government. Together, recent and pending Supreme Court decisions might help reconstruct a constitutional state which is more closely aligned with the original intent and vision of the founders.
Very few appreciate that these were the real issues underlying recent decisions concerning who to appoint to the Supreme Court. Trump’s first two appointments to the high court—Neil Gorsuch and Brett Kavanaugh—were two of the nation’s leading judicial minds on administrative law, and White House Counsel Don McGahn made clear that this was no coincidence. So too with Trump’s appointments to the lower courts, which included administrative-law experts such as the D.C. Circuit’s Neomi Rao and Greg Katsas, and the Fifth Circuit’s Andrew Oldham.
“The lowest form of popular culture – lack of information, misinformation, disinformation, and a contempt for the truth or the reality of most people’s lives – has overrun real journalism. Today, ordinary Americans are being stuffed with garbage.”
Before settling in for the evening, Jill had alerted me to recent hyperventilation in the press regarding the Supreme Court, including calls for jettisoning the US Constitution. I woke up in the middle of the night with the burning question of what can possibly explain this behavior.
Having come to realize that the corporate press has become the voice of the Federal Administrative State, and are behaving like a pack of dogs (nothing new there), I first turned to the American Kennel Club (AKC) for some insights, searching (using the Brave browser, of course) for the key words “Why do Dogs Howl” and came up with this gem: “Howl at the Moon: Reasons Why Your Dog Howls”, which is full of pearls of wisdom for both canine enthusiasts and students of current trends in US Politics.
“The sound of a dog howling can seem mysterious, eerie and mournful.”
Well, yes, these vocalizations from the corporate press certainly seem mysterious, eerie, and mournful. Check.
“Howling is a sustained noise that carries a long way so it’s the perfect way for dogs to communicate over long distances with other dogs. Hence the image of a lone wolf on a hill, howling against the backdrop of a full moon. In the wild, it’s usually a night time activity. Maybe dogs feel lonely then and are trying to communicate to other dogs.”
Once again, seems applicable. Let’s give them the benefit of the doubt, a bit of unearned empathy, and imagine the corporate press shilling for the Administrative State as lonely dogs, and trying to communicate with other dogs over long distances.
“If a dog has a habit of howling constantly while her owner is away, it might be a sign of separation anxiety.”
Well, now we are really getting somewhere. Separation Anxiety. Is the Administrative State experiencing separation anxiety? Separation from what?
“When howling sounds distressed and there isn’t an obvious trigger, the dog might be in pain.”
Aha! Now that has the ring of truth. Cognitive dissonance is one of the greatest sources of mental pain and anguish. I think we may be getting somewhere. Maybe the lapdogs of the Administrative State are experiencing subconscious pain and anguish. Being of the scientific bent, I turned to Scientific American for further insight:
“Cognitive dissonance is that uncomfortable feeling you get when you try to maintain two or more inconsistent beliefs at the same time or when you believe one thing but act in a contradictory way.”
So let’s take a look at the source of the collective angst of the corporate press for a moment.
“So you’re unhappy with the Supreme Court justices who turned back the clock on environmental protection, abortion, school prayer and guns? You’re angry because they’re ideologues with a reactionary agenda, flexing their muscles to eliminate rights, weaken government and endanger the planet?
Me too. They’re reprehensible.
But let’s be honest: The problem isn’t just with the justices. The problem, or at least a substantial portion of it, lies with the U.S. Constitution itself.
Yes, the hallowed Constitution, the document hammered out in 1787 by 55 bewigged men in Philadelphia. Our revered charter that lays out the foundational rules and principles at the heart of the American experiment: freedom of speech and religion, the separation of powers, federalism, bicameralism and all the other checks, balances, rights, promises and innovations that make this nation what it is.
These days the Constitution is showing its age.
“It was written by a small group of white male landowners clustered along the Eastern Seaboard in a largely agrarian society in the late 1700s,” said David S. Law, a professor at the University of Virginia School of Law who studies courts and constitutions around the world. “How could it possibly fit the needs of a highly diverse country of 300-plus-million people in the 21st century, a military and economic superpower in a globalized world, a highly developed, post-industrial nation that stretches from sea to shining sea?””
I think that gets to the heart of the point here.