November 30, 2015

JOSH BLACKMAN SPANKS RICHARD POSNER: Posner: The 14th Amendment is “Old, Cryptic, or Vague.” But What About Article III? “At bottom, Posner candidly rejects any fidelity to the text of the Constitution. That invariably includes, of course, the parchment barrier that allows him to append the honorific ‘Judge’ to his name. Yes, Richard Posner’s powers derive not from his boundless intellect, but from the bounds of Article III.”

This has implications that go far beyond the judiciary. The only reason for not tarring and feathering any government official for effrontery when they tell us what to do is that their power to do so is somehow legitimate. But that legitimacy comes from the exercise of constitutional power. If the Constitution doesn’t mean anything, well, then, maybe it’s time to go long on pitchforks. Because without the Constitution the angry mob is just as legitimate as the perfumed princes of the state.