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this post was submitted on 29 Jul 2024
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Tbf it is difficult to uphold the constitution in another way. For instance, if Congress passes a bill that contradicts the constitution you have a contradiction. How else, than through courts, would you resolve the contradiction?
Biden could make a presidential address during prime time to declare a general strike until his demands are met.
We need to start thinking of extra-legal and post-electoral means of effecting change.
Yes. Without the courts ability to determine if something is unconstitutional then it would always be up to Congress / the executive to decide what is constitutional and what is not. That presents an obvious separation of powers problem and could easily be misused by a Congress or executive branch that are hostile to certain rights.