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by dTal 4256 days ago
How do you set up the incentives so that it's in the interest of the court to do its job, and not bow to the inevitable pressure to rubber-stamp bills?
1 comments

If you asked Washington or Jefferson probably something like death for those who have (treasonously) knowingly violated the constitution.
That isn't treason, actually. Treason is specifically defined in the Constitution:

> Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.

Perhaps not to that definition but the according to websters. 'the betrayal of a trust or confidence; breach of faith; treachery.'
Then perhaps Washington or Jefferson would point out the specious reasoning in summary executions for having " (treasonously) knowingly violated the constitution" using a definition of treason which is unconstitutional.
"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual." -Thomas Jefferson
If you want to argue that personal liberty should take precedence over the authority of governments, fine.

You can't, however, argue for strict constitutionalism and what appears to be a form of anarchism at the same time.

That the constitution should be treated as a sacred body of law for which an 'improper' interpretation by the government could be a killing offense is not actually a constitutional precept, and it's not one with which the will of the majority would agree, nor is it an interpretation which legal precedent supports, your single, not actually legally binding quote by Thomas Jefferson notwithstanding.

So pick one. If it's the latter, the redefinition of treason is indefensible as a pretext. If it's the former, dispense with the constitution altogether, as it interferes with the efficient execution of popular will.

And who enforces that? The Constitutional Court Court? You've only moved the problem.
The people, if you can get a representative number of signatures the individual is incarcerated and a measure is put on the ballot.