Curious to see the book on which this essay is based. It is right inasmuch as Justice Marshall and others have argued that the Civil War amendments amounted to a refounding of the constitutional order. Something far more than mere amendments.…
2/ But the arguments about Lincoln, moral, historical and analytical are extremely dubious. Just no other way to put it. There are numerous instances of this. But I'm struck by the first - in which Feldman argues that Lincoln violated the constitution by going to war to ...
3/ preserve the union. The evidence of this is that Lincoln's predecessor, James Buchanan, and his AG, concluded that the US had no authority to stop the seceding states from leaving. Buchanan was a notorious Doughface, a then current word for a Southern ...
4/ sympathizer from the North. There's even some evidence that as President Buchanan was conniving with the South to break up the union. That point is speculative and debatable. But Buchanan's credibility on this issue is not.
5/ Indeed, 30 years earlier Andrew Jackson threatened and made preparations to lead a federal army into South Carolina to enforce federal law and prevent the state from seceding from the union. The most dispassionate take is that the constitution was intentionally ...
6/ silent on this point, in part because it's an inherently extra-constitutional issue. In any case, this is bad history and adducing the Buchanan administration as the standard is funny and bizarre. The discussion of Lincoln's suspension of habeas corpus is also strained ...
7/ though that's much more complex. The whole thing is curious because the Civil War really does amount to a refounding. Justice Marshall's constitution bicentennial speech on this is really worth reading. Marshall's argument is that the 1787 document was morally defective ...
8/ and something we owe no reverence. It's only with this remade constitution, really bound up in the 13-15th amendments and in some ways especially the 14th amendment that we're on a firm ground and a republic that deserves our loyalty. In any case, maybe the book is ...
9/ better than this oped because these are shaky to weak arguments. The Buchanan thing is just bizarre.

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More from @joshtpm

6 Nov
okay gonna go do some woodworking. please keep sending tweets from reps explaining why they support roads, bridges and broadband but voted against it.
two projects for today
Read 5 tweets
5 Nov
So Youngkin's 17 year old son twice tried to vote illegallly on election day.…
2/ The fact that people under 18 are not eligible to vote in general elections is hardly an obscure aspect of election law.
3/ It seems genuinely weird that this would happen. I'd figure the family was probably following the election pretty closely.
Read 6 tweets
5 Nov
Here's who makes up the Times editorial board. (It kind of speaks for itself.) The funny thing is that a close read of the oped gives a window into the group writing process. You start with original impulse: Dems have gone totally left wing! It's so bad!…
2/ They need to be unifying and bipartisan! So far so good. But at some point someone says, but wait, we're for new social spending and we say the climate is existential and the challenge of our generation! So they throw in this paragraph.
3/ So now you have an editorial that says Democrats need to face the reality that their agenda is too extreme and the reason it's so important to change that is that the country desperately needs ... well, what sounds like the too extreme agenda. Welp.
Read 5 tweets
5 Nov
It's amazing that you can get paid to have some basic familiarity with American politics and write an OpEd like this.…
I say this as someone at the actual center of the Democratic party. Median Democrat. I thought Biden was the best nominee from the beginning. So my point isn't "No, you need to be more progressive!" Far from it. But this is reactive and CW based. One of the arguments ...
2/ is that it's important for Democrats to win because they need to save the climate. Well, the climate is the single largest expenditure in the bill they're trying to pass. Paid family leave which looks like it will fall by the wayside is extremely popular. So my point ...
Read 11 tweets
4 Nov
small story amidst the maelstrom of national politics. but a big one and a big victor for mostly immigrant cabbies who were in collateral damage of VC-backed uber and financial manipulation of the cost of NYC taxi medallions. they've won tickets out of lifetime debt servitude.
i learned some of the backstory to this when I was reporting on Michael Cohen because he was in the taxi medallion world. it's complicated. but the gist is this. a bunch of big owners of medallions started running up the price of medallions. and they had coconspirators ...
2/ in a bunch fo local/regional banks in the greater NYC area. It was largely a pump and dump operation, though it's a bit more complicated than that because not everyone benefiting was entirely in on it.
Read 9 tweets
3 Nov
Julia is 100% right. But it's even more than that. Cable channels are trumpeting the Democratic "nightmare", a "reckoning", I believe Peter Baker said that Biden returned home to a "different country." It was a rough night. But Republicans picked up a governorship ...
2/ and had a strong night in New Jersey, in part because of poor turnout on the part of Democrats. But Dems will hold the governorship. As I wrote last night, none of this is a mystery. The President's underwater. But let's also be real. This is a fairly typical pattern ...
3/ for off year elections for the incumbent party. As Julia notes, to see Republicans act you'd think the Democratic party basically didn't exist anymore. A CNN chyron says Democrats "face a reckoning after misjudging the nation's mood." That's not true. But this isn't just ...
Read 8 tweets

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