The Constitution protects the rights of people who want to make movies catering to individuals who get sexual pleasure from witnessing the sadistic crushing of innocent animals. The last Democrat to serve as chief justice was Fred Vinson, whose brief and largely undistinguished career ended almost 70 years ago. Republican presidents have appointed 15 of the last 22 justices to the Supreme Court, even though they won the popular vote in only five of the last 15 elections. Yet they are nominated by a process drenched in raw partisanship, and their votes regularly align with the partisan views of the people who appoint them. All the justices on the Supreme Court insist that they are neutral and apolitical public servants who do no more than follow вЂњthe lawвЂќ as it is written. 2ДЄdditionally, nine individuals, appointed for life and responsible to no one, regularly make crucial and unreviewable decisions about matters such as the structure of health care in the United States, the nature of marriage, the right of women to reproductive justice, and the powers of the federal government and the states. The Constitution vests in state legislatures the power to appoint presidential electors whether or not they are chosen by a popular majority-a power that Donald Trump tried to take advantage of in 2020, and may well take advantage of in 2024. Virtually all of the money and attention in presidential elections are devoted to a tiny number of swing states that determine the outcome.

In two out of the last six presidential elections, a candidate became president even though he lost the popular vote. Reprinted here with permission.ДЇor anyone who doubts this proposition, consider the following facts. This article has been adapted from From Parchment to Dust: The Case for Constitutional Skepticism, by Louis Michael Seidman (The New Press).

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