Professor Galanti announced, at the start of the first lecture that semester, “Welcome to Antitrust Law. Ronald Reagan is president. We shall study the law as it once was.” This country’s history [FN1] showed excesses of capitalism had to be controlled by antitrust laws. [FN2] 1/8
An entire body of law & protections it provided got jettisoned today. The Roberts Court [FN3] gutted a premise of our system, that no one is above the law. In 1787, the seriousness of the delegates in writing a constitution is reflected by James Madison. An essay he wrote & 2/8
brought to Philadelphia “was an examination of republics and confederacies throughout history.” [FN4] Alito and Thomas pine for control by the “original intent” of The Framers, yet overlook the obvious: 35 of the 55 delegates “were lawyers” or had legal training. [FN5] 3/8
They could have designated their “intent” as a control on generations to come. Prof Lindsay Chervinsky has noted if the Framers “had agreed on everything, they would have signed all the documents. They didn’t.” [FN6] They did NOT create a monarchy. Ah! An image 4/8
comes to mind. trump sits on his golden commode as aides explain that the 7/1/24 gives trump the steps to bump off those trump hates. trump stands & grabs a page of The Constitution, always close at hand in trump’s bathroom, and wipes his ass with it. 5/8
Footnotes:
FN1. “History”: things alleged to have occurred that this iteration of the GOP suppresses as anxiety-laden.
FN2. “Indeed Republicans were the progressive party, comfortable with the application of federal power in behalf of ... curbing antitrust abuses...” Robt W Merry, “President McKinley,” 2017, p. 106. 6/8
Footnotes:
FN3. Usu SCOTUS is identified by its Chief Justice. (E.g., Roger Taney, C.J., 1836-1864, wrote Dred Scott v Sanford, 60 U.S. 393 (1856), w/despicable views re slaves fr Africa; considered by many the second-worst C.J. in history. 7/8
Footnotes:
FN4. David O. Stewart, “The Summer of 1787,” 2008, p. 29.
FN5. Denise Kurnan and Joseph D’Agnese, “Signing Their Rights Away,” 2011.
FN6. Lindsay M Chervinsky, “Why ‘The Framers Never Intended’ Is Garbage,” Imperfect Union, Aug. 2021. 8/8
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