nOT has been too longmany Republicans proudly call themselves "constitutional conservatives." They believe in the rule of law; limit the power of governments, especially the federal government; protect individual freedoms; and in checks and balances and separation of power. They oppose central planning and warn the mob and the current emotional excitement, just like the founders, the role of the government is to mediate rather than reflect popular passions. They recognize the importance of self-control and the need to cultivate public and private virtues. Their reverence for the Constitution, rather than procedural philosophical documents, demonstrates the rules of the American democratic path.
When it comes to judicial philosophy, "constitutional conservatism" means textualism, which prioritizes the pure meaning of text in regulations and constitutions. Justice Antonin Scalia elaborated on results-based jurisprudence; he warned that judges should never prioritize their desired outcomes, but rather apply the constitutional text fairly. He said in 1988: "The main danger of judicial interpretation of the Constitution, or the main danger of judicial interpretation of any law."
One reason Roe v Wade Conservatives believe they believe the 1973 Supreme Court ruling distorted the constitutional invention of "privacy" to legalize abortion. They argue that the decision is driven by the expected results rather than a rigorous analysis of legal precedents or constitutional texts.
This is the reason It's hard to think of a more anti-conservative character than President Donald Trump or MAGA. Trump and his supporters expressed contempt for the law, procedure and the constitution. They want to empower the federal government to turn it into a brute force tool that can be used to reward allies and destroy opponents.
Trump and his administration abolished institutions and imposed comprehensive tariffs on them even without legal authorization. They deport people without due process. The idea of a top aide is emerging to suspend habeas truce, one of the most important constitutional protections for illegal detention. Judges are targets threatened by the president and they are worried about their safety. Therefore, few Republicans are willing to advocate Trump's independence.
Among his first formal actions, Trump awarded more than 1,500 leniency to the violent attack on the Capitol on January 6, 2021, including those convicted of inflammatory conspiracy. The president and his family are engaging in an previously incredible level of corruption. He and his administration have shown no doubts about using the federal government to target private companies, law firms and universities. Prosecuting news organizations for unfounded reasons; and ordering an investigation to former administration officials who criticize Trump.
The Trump administration is thugocrench, and the Republican Party he controls supports him every step. Almost all principles that the Republican Party once claimed to be loyal were abandoned. The party is now committed to abuse of power and revenge.
Political theorist Recognizing that Trump and the Republican Party’s approach to governing embodies Nietzsche and Machiavelli’s philosophy. It's all about "anything" and the world of "possibly making the right world". Laws and constitutions are as ductile as hot waxes; they can be reshaped as needed. Limited governments have been traded as Leviathan without any restrictions. The state has become a tool for blunt force.
The significance of this transformation is hardly exaggerated. A party that previously declared allegiance to the Constitution and the rule of law warned of the concentration and abuse of power and advocated for virtue, restraint and moral formation. The Republican Party now represents everything that once hated.
It would be miserable if this decay was confined to the Republican Party, but easy to manage. But Trump and the Republican Party control the leverage of federal power. As a result, less than five months after Trump’s second term, the United States is moving towards an authoritarian form.
We are still middle-level. The result was not appointed, and the court was in most cases an important bastion of opposing Trumpism. The conflict will surely intensify as Trump’s anger at the storm. But, as he did, resistance to him will grow and intensify, and it will find expression in many different ways. The flame of freedom has not yet been extinguished.
As historian Gertrude Himmelfarb said, the love for the country is an emotion worthy of our feelings. The love of the nation requires those who love America and her ideals to oppose one person and a political party designed to destroy them.
*Akshita Chandra / Illustration of the Atlantic Ocean. Source: Nature Notes/Alamy; Getty