NYU Law Democracy Project
@democracyproject.bsky.social
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New Project at NYU School of Law exploring the challenges facing democracy today. democracyproject.org
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democracyproject.bsky.social
"...Consequently, stress fractures in our republic are beginning to show….Unless this changes soon, more violence is likely coming, and perhaps a national divorce." - Elizabeth Price Foley
democracyproject.bsky.social
"...Today, unfortunately, our elected representatives too often don’t care what U.S. citizens want & are openly rejecting legislative compromise in favor of violence..."
democracyproject.bsky.social
"Most Americans think we live in a "democracy." They’re wrong. We live in a constitutional republic, & the people don’t usually get to vote on big issues. Instead, we elect individuals to state and federal executive and legislative branches, and those individuals are the primary decision-makers..."
democracyproject.bsky.social
"... Otherwise, polarization may destroy democracy, so that there is no more self-government to celebrate when it comes time for the Declaration’s tricentennial in 2076."
democracyproject.bsky.social
@nedfoley.bsky.social: "As America prepares to commemorate the Declaration’s semiquincentennial, it must figure out how to educate its citizens on the mathematics and philosophy of social choice, including Condorcet’s seminal contributions...."
democracyproject.bsky.social
"...with meaningful protections for decisional independence and expertise alongside political oversight, can guard against such abuse and mitigate the dangers of presidential unilateralism."
democracyproject.bsky.social
Metzger: "The second Trump Administration provides a cautionary tale about how the powers of administrative government can be abused. Yet an equally important lesson is that a well-functioning administrative state,..."
democracyproject.bsky.social
"...There is only one solution—a genuinely bipartisan effort to reform the National Emergencies Act. During President Trump’s first term, not a time noted for concord between the parties, such an effort received broad support across party lines."
democracyproject.bsky.social
Galston: "The president declares an emergency, the odds are that he will be able to keep it in force as long as he wishes. Making matters worse, the judiciary has been very reluctant to intervene in legal challenges to presidential emergencies..."
democracyproject.bsky.social
"...pronouncements with universal binding effect...Those who believe in democracy should support a role for democratic institutions in interpreting our fundamental charter of government, rather than relegating them to passive receptacles of the Supreme Court’s diktats."
democracyproject.bsky.social
Mitchell: "supporters of democratic governance should also be willing to challenge the imperious attitudes of the Supreme Court. For too long, the political branches have responded with passivity and acquiescence in response to the Court’s self-proclaimed authority to render constitutional..."
democracyproject.bsky.social
🟣 Idea #26 — Jonathan F. Mitchell, former Texas Solicitor General — “Judicial Supremacy and American Democracy”

Part of @nyulaw.bsky.social Democracy Project "100 Ideas in 100 Days" series

👉 Read here:
democracyproject.org/posts/judici...
Judicial Supremacy and American Democracy
A broad range of views on democracy to help break the stalemate caused by partisan conflict.
democracyproject.org
democracyproject.bsky.social
"...partisan and ideological symmetry: they should favor constitutional understandings that equally protect interests on opposite sides of key divides." - Zachary Price
democracyproject.bsky.social
"Americans’ political divisions have infected constitutional law, threatening to produce entirely partisan understandings of the Constitution...courts need to resist this tendency. Rather than constitutionalizing one set of political preferences, courts should strive, when possible, for..."
democracyproject.bsky.social
"...in adopting a constitutional amendment that would enshrine the number of Supreme Court justices at nine."
democracyproject.bsky.social
"...it would empower transient majorities in Congress to whipsaw the country between sweeping conservative and liberal agendas. Now is the time to eliminate the temptation. Progressives should join with conservatives..."
democracyproject.bsky.social
"[Packing the Court] would undermine the legitimacy of an institution essential to the rule of law. It would initiate a series of expansions that would destroy the capacity of the Court to operate as a deliberative judicial body. And, because it couldn’t happen without eviscerating the Senate’s..."