[bickfordb]

The constitution has been absurdly broken by a cult of partisan federal judges claiming to be textual, but then inventing an absurd canon of non-laws no one can reference:

* Unitary executive theory. Congress can't create a federal reserve, except for when the supreme court likes it.

* Major questions doctrine. Congress can't create an EPA and give it open ended authority to regulate its way to clean air

* Qualified immunity. Congress can't stop ICE agents from murdering people

* Historical tradition as regard to the 2nd amendment. Congress can't ban everyone from walking around with military assault weapons.

I don't see how Congress can easily fix this.

[stackskipton]

I agree that partisan federal judges have caused this but my point is, Congress makes it worse.

Unitary is just wrong and Congress could continue to push back against it.

Major Question keeps coming up Congress does not step in after passing of EPA. Major EPA cases are like "Well, does this mean what we think it means because some comma somewhere" and Congress could step in and say "No, we really meant this."

Qualified Immunity is again something else Congress could step in on and say "Nope, we are eliminating qualified immunity or tailoring it back."

2nd Amendment is third rail I don't wish to touch.

[FridayoLeary]

The problem is the inflexibility of the constitution. If judges hadn't made the conscious decisions to turn the constitution into whatever they feel like, you'd be stuck in an even worse system of obsolete 18th century government.

[analognoise]

This; the “originalists” who dress up in wigs and shock of shocks, just so happen to rule contrary to the way things have worked for the last 50 years.