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I don’t want to scare anyone, but basically every time I talk to a current or former government lawyer they tell me we are going to need a new Constitution. Because this one is inoperative.

The civil service, and government agencies that can deal with things like modern science, simply cannot exist without effectively a complete revamp of our admin law. Project 2025 and the Roberts Court (allow for substantial overlap) killed our Constitutional guardrails.

Mark Histed@markhisted.org

That’s true, and at the same time: It’s hard for people to hear, but our administrative law—the law of how agencies operate—is effectively dead. P2025, and SCOTUS on the shadow docket, in Loper Bright, Jarkesy, soon Slaughter, etc etc—have killed it. We must totally rebuild anyway.

Usually the convo goes like this: [Senior govt atty] Yeah, things are bad in my agency, man [Me] I’m at NIH, lemme tell you [atty, getting excited] Hard to know what’s legal, rly [me]Yeah, almost seems admin law is dead [atty, now laser eyes] OF COURSE IT IS WE WILL NEED A NEW CONSTITUTION

And then usually: [atty looking embarassed] Sorry I don’t like to talk about that all the time, but I think about it every day, and let’s be real here we all know what’s happening I’ve had a convo like this with at least a dozen ppl fm diff agencies over the last yr and it always hits me hard

I work in the legislative branch, and we often muse that it’s hard to write a law that says not to break the law. “Dear Executive Branch, you really really need to follow that other law we already passed that you’re currently breaking. “We’d like you to stop. “Love, “Congress”

Right! If we have to pass laws twice to get Vought to follow them we have already lost. Congress can and should use the power of the purse: defund OMB, defund the Vought security detail, defund presidential travel etc if laws are not followed.

Bumping this reply. I do not think the problem is the American people or public opinion. The problem is our Supreme Court is packed and corrupt. The people cannot pay attention to detailed constitutional law while a corrupt Roberts Court rewrites the constitution case by case.

Mark Histed@markhisted.org

Right, so this is a discussion that I also tend to have with a lot of senior government attorneys. But the issue is not that the constitution is flawed! beyond the Juan Linz sense. The problem is that rightwing billionaires packed the Supreme Court with hacks who have rewritten our constitution

This is insanity. Getting the votes to change the Constitution is a fantasy. If there is a solid D House majority, a solid Senate D majority willing to kill the filibuster and a D President, a lot can be done — without changing the Constitution: add DC and PR as states, add 4 SCOTUS justices.

Here’s an example of Trump, Vought, and John Roberts blowing up civil service law.” From @democracyforward.org complaint today “he was informed of his termination in a 3-sentence letter from RFK Jr, who claimed to be acting "Ip]ursuant to the U.S. Constitution, Article II, § 2, cl. 2." 😂😂

This probably won’t fly and the courts will act, it’s too egregious. But the fact that Dr. Lane was removed with this wild circumvention of civil service law and he has to litigate this shows just how badly the system has broken down.

We may need a new Constitution But we need even more to stop the nation from drowning in lies that persuade voters to elect con artists Laws do not enforce themselves. And con artists ignore them. If the gov is dominated by con artists, no Constitution will constrain them bsky.app/profile/upin...

Most media & social media consumed in the U.S. are Right Wing. Sinclair alone covers 40% of households. RW media keep repeating pretty lies about T/GOP & ugly lies about Dem/minorities til the lies wear a groove into ppl's brains. upine.medium.com/the-vast-rea...

Quick clarification: I think we need massive Supreme Court reform, to end juristocracy, up to and including docket control, jurisdiction stripping, and even making a new Court. We need to empower Congress and agencies and weaken the presidency. That MAY be able to be done within this Constitution.

It scares me to think what the current corrupt administration combined with the ineffectual alternatives would come up with. The P2025 people want to roll everything back to landowning males voting—among other things.

I'm an Australian with legal training and I've been saying it for the past 12 months. It's because precedent governs how a constitution is interpreted, and with so much new bad precedent there's no way to put the genie in the box - the only way to get rid of it is to get a new constitution.

We need Congress to be able to pass resolutions that state that a particular decision, while not being overturned, used an interpretation that does not represent the will of Congress, so it shall not be considered as precedent.

Sure, but now they've got to do that for about five thousand things. While public faith in the efficacy of the constitution is shot to smithereens. With respect, I don't see how that's a workable solution. But admittedly I won't be the one trying to fix the mess 😅

I am the former government attorney in that conversation so yes. I don't know about a new Constitution but at the very least some amendments to wipe the unitary executive theory off the face of the earth.