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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

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

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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.

You can't work within your current constitution; fundamentally the issue is one of jurisprudence/text interpretation and you can't fix that with text changes. But also your constitution is bad. Steal Japan's, with the South African patch to the german one that merges head of state and head of govt.