More Perfect: Marbury vs Madison

We tend to think of the Supreme Court justices as all-powerful guardians of the constitution, issuing momentous rulings from on high. They seem at once powerful, and unknowable; all lacy collars and black robes.

But they haven’t always been so, you know, supreme. On this episode of More Perfect, we go all the way back to the case that, in a lot of ways, is the beginning of the court we know today.

Speaking of the current court, if you need help remembering the eight justices, we’ve made a mnemonic device (and song) to help you out. Listen and share below!

What happens when a party becomes unmoored from the truth and the American creed

a willingness to tolerate falsehoods and attacks upon democratic norms and the American creed, as though these are matters of style.

.. “conservatism” these days has become (both in the eyes of liberals who think conservatism is interchangeable with “right-wing extremism” and those claiming the conservative mantle) a cartoon version of itself.

.. much of the cheering for “conservative” ends skips over the details, disregards the substance and ignores context — none of which are indices of conservative thought.

.. Means that do not respect values that conservatives used to hold dear (e.g. free markets, federalism, family unity) are no cause for celebration.

.. if conservatives think Trump’s accomplishments are conservative, then conservatism has morphed into something foreign to those who spent decades advocating a governing philosophy rooted in

  • opportunity for all,
  • civility,
  • federalism,
  • the rule of law,
  • free markets and
  • limited but vigorous government.

.. Trump’s right-wing apologists would have us treat Trump’s racism, attacks on democratic norms, dishonesty and contempt for independent democratic institutions as matters of style. “Well I don’t much like his tweeting but …” “Well, we don’t really agree that there are good people on the neo-Nazi side.” “Well, we all knew he was a bit of a liar.

.. Call this the “other than that, Mrs. Lincoln, how did you enjoy the play?”  syndrome

.. If one puts racism so far down the list of priorities that it barely deserves a raised eyebrow — or worse, requires some fudging to cover it up — one has become an enabler of racism. If one brushes off repeated, deliberate falsehoods because they are embarrassing, one becomes an enabler of lying, a handmaiden to attacks on objective truth. These are not inconsequential matters; they are not style issues. Truth-telling and repudiation of racism are or should be top principles both for America and for conservatism.

.. Put on top of that the willingness to prevaricate (Well, if we say it was “shithouse” and not “shithole,” we can say Sen. Dick Durbin was lying!) and you have an assault on principles that are the foundation for our democracy and for conservatism (or what it used to be)

.. The assertion that we can disregard everything the president says so long as it does not become cemented in law misconceives the role of the presidency and ignores his oath.

.. His oath was not to produce tax cuts or regulatory rollbacks. He swore an oath to preserve, protect and defend the Constitution, including reverence for the First Amendment, an independent judiciary and equal protection under the law.

.. The party and Trump apologists who brandish the conservative moniker, we fear, have lost their way. They’ve ceased to think deeply about the substance of policy and its effects, but worse, they have inverted their once-claimed priorities. What is most important — democratic norms and objective truth — is now for too many an afterthought, and Trump’s evisceration of the same, mere differences in style. We cannot abide by this, and neither should Americans of whatever political stripe.